HomeMy WebLinkAbout03_AT&T Small Cell SLC0902 Minor Use Permit_PA2019-113
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
May 28, 2020
Agenda Item No. 3
SUBJECT: AT&T Small Cell SLC0902 (PA2019-113)
Minor Use Permit No. UP2019-032
SITE LOCATION: Public right-of-way, City streetlight number SLC0902, at the northwestern
corner of 38th Street and Lake Avenue
APPLICANT: New Cingular Wireless, LLC
OWNER: City of Newport Beach
PLANNER: Benjamin M. Zdeba, AICP, Senior Planner
949-644-3253, bzdeba@newportbeachca.gov
LAND USE AND ZONING
Public Right-of-Way (ROW)
PROJECT SUMMARY
A minor use permit to allow the installation of a small cell wireless facility on a City-owned
streetlight pole. Project implementation will be fully contained within the public right-of-way
on 38th Street and includes the following: (1) Removal and replacement of an existing City
streetlight; (2) Installation of a small cell wireless facility that consists of four remote radio
units, a raycap disconnect, and an omni-directional antenna within a 12-inch diameter
screening shroud. This equipment would be fixed to the top of the replaced streetlight pole
for a maximum height of 27 feet, 6 inches; and (3) Establishment of supporting equipment
in an adjacent below-grade vault.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15302 and 15303 under Class 2 (Replacement or
Reconstruction) and Class 3 (New Construction or Conversion of Small Structures),
respectively, of the State CEQA (California Environmental Quality Act) Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no
potential to have a significant effect on the environment and the exceptions to the
Class 3 exemption under Section 15300.2 do not apply; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2019-032 (Attachment No. ZA 1).
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BACKGROUND
Over the last several decades, with the invention of new technologies like
smartphones, tablets, and smartwatches, connectivity for wireless devices drove
telecommunications companies to deploy equipment to allow for the cellular or
wireless transmission of data, making possible new concepts such as live chat,
streaming video and music. Wireless data demand and consumption continues to
grow, outpacing the capacity of the existing telecommunications infrastructure.
Small cell technology, like that proposed, is now being deployed across the country
as a leading solution to resolve soaring data demand and make coverage more
reliable. In contrast to traditional macro wireless sites (i.e., cell towers), small cells
are able to advance a stronger signal over a small radius by the means of minimal
equipment on existing infrastructure. The result is limited visual intrusion and the
enhanced wireless network capacity which the City of Newport Beach residents,
businesses, and visitors require.
The City of Newport Beach (City ) regulatory review of wireless telecom siting is
largely limited by three federal laws: The Communications Act of 1934, the
Telecommunications Act of 1996 (Telecommunications Act ) and a provision of
the Middle-Class Tax Relief and Job Creation Act of 2012 (Spectrum Act ).
Together, these laws aim to facilitate and stimulate wireless infrastructure
development and restrict certain aspects of local authority in review and permitting
of cell sites such as time limits, location/colocation, and fees. On January 14, 2019,
Federal Communications Commission (FCC) Declaratory Ruling and Order FCC
18-133 (Order ) became effective. This directive further removed barriers to
wireless infrastructure deployment and established for processing
small wireless facility applications at the local level. It also limited the rights
as a property owner, restricting the type and amount of fees the City can collect
for private use of public property.
On February 12, 2019, the City Council authorized execution of a Master License
Agreement (Master License ) (Contract No. C-8584-1) with New Cingular
Wireless PCS, LLC (AT&T). The Master License authorized non-exclusive use of
City-owned streetlights to install telecommunications equipment for small cell
facilities, and included approved designs, fee and rent assessment, and changed
City regulations for consistency with State and federal law. AT&T is responsible
for all resultant construction, installation, maintenance, and repair of the small cell
facilities, including all related costs and expenses. Further, AT&T is responsible
for complying with all laws, statutes, ordinances, rules, and regulations that may
be required for their projects.
As the local regulatory agency, the City assesses wireless service facilities under
local permitting protocol and ensures sites adhere to responsible regulatory
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practices, including safety, accessibility, environmental impact, land use, and
aesthetics. At the State level, the California Public Utility Council (CPUC) is the
responsible regulatory agency for the rules of utility infrastructure, including
telecommunications. The FCC exclusively sets and polices standards for radio
frequency (RF) emissions of wireless service facilities.
PROJECT SETTING AND DESCRIPTION
City of Newport Beach Streetlight No. SLC0902 is located within the public right-
of-way on the northwestern side of 38 th Street near the northwestern corner of the
Lake Avenue intersection. It is immediately adjacent to a vacant parcel that is
triangular and approximately that is approximately 65 feet wide at its base. Beyond
this parcel to the northwest is a block of two-unit residential development
(Attachment No. ZA 2). All surrounding land uses are residential and vary in
density from two- to single-unit residential. The only exceptions are the 38th Street
Park and the Newport Island Park, which are both designated Parks and
Recreation (PR).
Under the new FCC Order, wireless providers are not required to demonstrate a
significant coverage gap, a qualification previously required by local jurisdictions
in order to support an application. Pursuant to the Order, the City cannot
[inhibit] the introduction of new services or the improvement of existing services.
Moreover, pursuant to Section 332(c)(7)(B)(i)(II) of U.S. Code Title 47
(Telecommunications), the City may regulate the placement, construction or
modification of wireless service facilities in a manner that prohibits the provision of
personal wireless Although not required, the applicant produced a
coverage map for the project (Attachment No. ZA 3). This map indicates the
proposed facility would boost the supply of capacity and coverage in the vicinity.
Streetlight No. SLC0902 serves as a part of the City s existing streetlight inventory.
AT&T proposes to: (1) remove and replace SLC0902 with a new streetlight in the
same location; (2) maintain the existing luminaire height of 21 feet; (3) install
telecommunications equipment for a small cell wireless facility on top of the new
streetlight pole resulting in an overall height of 27 feet, 6 inches; and (4) establish
new below-grade support equipment adjacent to the streetlight, within the public
right-of-way. Please see the Project Description and Justification as
Attachment No. ZA 4.
The replacement streetlight pole design is consistent with the size, shape, style,
and design of that existing, including the attached light arm and luminaire. Project
plans are available for reference as Attachment No. ZA 7. For safety and
circulation of the area during construction, Condition of Approval No. 36 included
within the draft resolution requires traffic control plans illustrating compliance with
the 2016 WATCHBook (temporary traffic control guidelines in construction work
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areas) to be reviewed and approved by the Public Works Department prior to the
issuance of any building permit.
CONSISTENCY WITH LAND USE PLAN AND ZONING CODE
The project site is designated as Public Right-of-Way (ROW), which is property
held in trust by the City, and allows for the construction and maintenance of public
roads, crosswalks, pedestrian walkways, electric transmission lines, oil or gas
pipeline, water line, sanitary or storm sewer, or other similar uses. City Council
Policy L-23 (Siting of Wireless Telecommunications Equipment on City-Owned
Property) governs procedures and locations for siting wireless telecommunications
equipment in the ROW. Streetlights are eligible for telecom use, subject to
entitlements (such as this minor use permit request), yearly rent, and a license
agreement.
General Plan Natural Resources Goal NR 21 recommends the minimized visual
impacts of signs and utilities. The proposed design is consistent with NR 21 by
introducing no new vertical obstructions in the ROW, employing stealth elements
like colorization (painting to match the streetlight pole), and installing the
associated equipment below grade. Conditions of Approval No. 20 and 21 prohibit
advertising signage or identifying logos on any telecom facility except for small
identification, address, warning, and similar information plates. Signage required
by State or Federal regulations shall be allowed in its smallest permissible size.
General Plan Land Use Policy LU 6.1.3 promotes architecture and planning that
complements adjoining uses. The proposed design predominantly adjoins
residential uses and aligns with LU 6.1.3 by copying the size, shape, style, and
design of the existing streetlight pole to decrease potential disruption of the visual
environment when traveling down 38th Street or Lake Avenue. Adverse impact to
circulation, aesthetics, sounds, or odor are not anticipated from project
implementation.
General Plan Land Use Policy LU 4 calls for the management of growth and
change to protect and enhance the livability of neighborhoods and achieve distinct
and economically vital business and employment districts, which are correlated
with supporting infrastructure and public services and sustain Newport Beach s
natural setting. The proposed small cell facility upholds the intent of LU 4 by
providing infrastructure to add system capacity for service gaps that may occur for
residents and businesses of the area in regular and high demand periods. It also
benefits the community by improving the existing coverage and capacity to
increase the voice and data system already in use by its customers. The facility is
designed to adapt and accept future technologies, such as 5G, and will help meet
local demand and sustain the livability of the area.
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From a Zoning Code perspective, Newport Beach Municipal Code (NBMC)
Chapter 20.49 (Wireless Telecommunication Facilities) outlines State- and
federally-compliant telecommunication facility development standards and details
permit procedures based on facility Class. Class of a wireless facility is
characterized by its installation type and location. Small cell facilities located on
City-owned streetlights in the ROW is a Class 3 specification (Public Right-of-Way
Installations) and requires the applicant to obtain a Minor Use Permit from the
Zoning Administrator (NBMC Section 20.49.060 [Permit Review Procedures]).
NBMC Subsection 20.49.040(A) (Preferred Locations) prioritizes telecom facilities
from most preferred (1) to least preferred (4) as follows: (1) collocation of a new
facility at an existing facility; (2) Class 1 (Stealth/Screened); (3) Class 2 (Visible
Antennas); Class 3 (Public Right-of-Way); and (4) Class 4 (Freestanding
Structure). Although lower on the listing of priority facilities, the proposed facility
consists of one small cell facility that is designed to not visually dominate the
surrounding area and instead to blend into the existing block. In accordance with
NBMC Section 20.30.100 (Public View Protection) and General Plan Natural
Resources Policy NR 20.3 (Public Views), the location is not located within a
protected public view corridor and, therefore, would not have any impact to public
views.
NBMC Section 20.49.050 (General Development and Design Standards) requires
projects to be visually compatible with surrounding structures. In reviewing this
application, the Zoning Administrator shall consider the proposed use of
color blending, equipment screening, and the limited size of the equipment
designed consistently with the aforementioned criteria. All telecommunications
equipment on top of the streetlight pole would be concealed within a painted-to-
match 12-inch diameter shroud. The proposed small cell facility would rely on
likeness with the streetlight pole through style, color, and material to help disguise
its presence. Engineering of the replacement streetlight pole accommodates and
withstands the weight of the small cell equipment and has the ability to display a
future City banner, if needed. Electrical and wiring components of the
telecommunications equipment are designed to be fully contained within the new
streetlight pole. The overall height of 27 feet, 6 inches from finished grade to the
top of the proposed facility complies with the maximum allowed height. Equipment
not contained within the shroud on the streetlight pole would be out of sight, located
below the ground in the adjacent ROW. Condition of Approval No. 32 requires
approved design drawings from Southern California Edison (SCE) of the power
supply to the small cell facility before construction of the facility is to commence.
Existing residential properties that surround the site are in the R-1 (Single-Unit
Residential) and R-2 (Two-Unit Residential) Zoning Districts. These residentially
zoned sites allow for structures up to 24 feet for flat roof elements and 29 feet to
the ridge of a sloped roof. The overall height of existing Streetlight No. SLC0902
sits below the maximum allowable height for residential structures and the
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proposed replacement streetlight with small cell equipment on top will also sit
below this maximum by 1 foot, 6 inches.
The streetlight is located within a landscaped parkway area and is separated from
the nearest residences by a triangular-shaped vacant parcel to the west and the
38th Street right-of-way to the southeast. These distances provide a larger buffer
from residential structures than any other streetlight location in the vicinity.
Furthermore, keeping the luminaire the same height as the existing streetlight
lessens visual obtrusion from the proposed small cell facility with the line of the
existing development. Photographic visual simulations of the facility, depicting the
existing and proposed conditions, have been prepared by the applicant and are
included as Attachment No. ZA 6.
The project site is located within the coastal zone. It is also located between the
first public roadway paralleling the sea and the sea. Pursuant to Section
21.49.040(B) (Prohibited Locations) of the NBMC, new facilities are not allowed to
be located between the first public roadway paralleling the sea and the sea, unless
they are generally located on an existing structure. In this case, the proposal is
allowed as the facility would be installed at an existing streetlight pole location.
Although located within the coastal zone, the removal and installation of an existing
streetlight pole is exempt from the requirements of a coastal development permit
pursuant to Section 21.50.035(C)(4) (Repair and Maintenance) of the NBMC. In
consultation with Coastal Commission staff, the modification of a streetlight for a
small cell facility remains exempt, provided there is no visual resource impact. The
project was reviewed for consistency with the Public View Protection regulations
of Section 21.49.050(B) (Public View Protection) of the NBMC. It is not on a coastal
bluff or canyon nor is it adjacent to a coastal view road or public accessway, as
identified on the Coastal Land Use Plan Map 4-3 (Coastal Views). The site also
does not contain significant natural landforms or vegetation. While it is within
approximately 175 feet of the Newport Island Park, an identified public coastal
viewpoint, the proposed facility is not within the direct viewshed of the Rivo Alto
and is grouped with three mature palm trees, such that it will be indistinguishable
at a distance. It is also immediately across 38th Street from Lake Street Park;
however, there are several mature palm trees between, and the view of the Rivo
Alto is unimpacted. The project scope involves the removal and replacement of an
existing City streetlight in the same location with the same luminaire height, such
that it will blend with the existing streetscape. The replacement streetlight is
consistent with the size, shape, style, and design of the existing pole. No above-
ground mounted equipment is proposed, and the support equipment is proposed
to be placed in underground handholes. All transmission equipment, including
remote radio units and the raycap disconnect switch, are fully concealed within a
screening shroud. The project will not have a negative impact on coastal views or
coastal resources; therefore, a coastal development permit is not required.
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HEALTH AND SAFETY
Section 332(c)(7)(B)(iv) of U.S. Code Title 47 (Telecommunications) reads, no
state or local government may regulate wireless telecommunication facilitates on
the basis of the perceived health effects of radio frequency (RF) emissions to the
extent that the proposed facilities comply with FCC regulations concerning
emissions. Submitted RF materials from the applicant demonstrate the proposal
would conform with FCC Rules and Regulations. Condition of Approval No. 25
requires the applicant to comply with all applicable provisions of U.S. Code Title
47 (Telecommunications) rules and regulations, including those related to FCC
Radio Frequency safety.
ALTERNATIVE SITES CONSIDERED
Three nearby streetlights were identified and investigated by the Applicant as
possible alternate locations for this small cell facility; however, all sites were found
by the applicant to be not viable (see Attachment No. ZA 3).
Alternative Site #1 at City Streetlight No. SLC0903 is located approximately 135
feet southwest of the proposed location. This pole is located on a narrow sidewalk
immediately in front of a three-story residential structure that is oriented towards
38th Street at the River Avenue intersection. The existing pole is approximately 3
feet, 6 inches from the private concrete block wall and only 10 feet from the
residential structure without any landscaping in between. Installation of a small cell
facility with its necessary underground supporting equipment at this location would
not comply with Americans with Disabilities Act (ADA) requirements and would
further constrict pedestrian movement along the sidewalk area. Additionally, this
alternative would be less desirable, as there are no softening features that would
help blend the facility into the streetscape.
Alternative Site #2 at City Streetlight No. SLC0901 is located approximately 210
feet southeast of the proposed location. This pole is located on a narrow sidewalk
immediately in front of a two-story residential structure that is oriented towards
Lake Avenue at the 37th Street intersection. The existing pole is approximately 4
feet from the private fence and only 11 feet from the residential structure without
any landscaping in between. Installation of a small cell facility with its necessary
underground supporting equipment at this location would not comply with ADA
requirements and would further constrict pedestrian movement along the sidewalk
area. Additionally, this alternative would be less desirable, as there are no
softening features that would help blend the facility into the streetscape.
Alternative Site #3 at City Streetlight No. SLC0904 is located approximately 227
feet northwest of the proposed location. This pole is located immediately adjacent
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to the front patio of an existing, single-story residence. The existing pole is
approximately 3 feet from the private wall and only 7 feet from the residential
structure with minimal landscaping in between. Installation of a small cell facility
with its necessary underground supporting equipment at this location would not
comply with ADA requirements and would further constrict pedestrian movement
along the sidewalk area. Additionally, this alternative would be less desirable, as
there are no softening features that would help blend the facility into the
streetscape.
A analysis also concluded that a more preferred location as defined by
NBMC Subsection 20.49.040(A) (Preferred Locations), such as a collocation or a
Class 1 or 2 facility, would not be technically feasible from an RF or construction
perspective. The analysis explained that small cell facilities are low powered and
must be located at the precise location selected to serve the network traffic
demands of the specific limited area. Further, this type of service cannot be
accomplished with a traditional macro collocation or building mounted site in the
area.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15302 and 15303 under Class 2 (Replacement or Reconstruction) and Class 3
(New Construction or Conversion of Small Structures), respectively, 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. Class 2 consists of replacement
or reconstruction of existing structures and facilities where the new structure will be
located on the same site as the structure replaced and will have substantially the same
purpose and capacity as the structure replaced. Class 3 consists of construction and
location of limited numbers of new, small facilities or structures; installation of small new
equipment and facilities in small structures; and the conversion of existing small
structures from one use to another where only minor modifications are made in the
exterior of the structure.
In this case, the proposal includes the removal and replacement of an existing City
streetlight pole to install a small telecommunications wireless facility, including below-
grade accessory equipment.
The exceptions to the Class 3 categorical exemptions under Section 15300.2 are not
applicable. The project location does not impact an environmental resource of hazardous
or critical concern, does not result in cumulative impacts, does not have a significant effect
on the environment due to unusual circumstances, does not damage scenic resources
within a state scenic highway, is not a hazardous waste site, and is not identified as a
historical resource.
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PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
and, although not required by the NBMC, residential occupants within 300 feet of the
boundaries of the site (excluding intervening rights-of-way and waterways), including the
applicant, and posted on the subject streetlight pole at least 10 days before the scheduled
hearing, consistent with the provisions of the Municipal Code. Additionally, the item
appeared on the agenda for this meeting, which was posted at City Hall and on the City
website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
_____________________
Benjamin M. Zdeba, AICP
Senior Planner
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Alternative Locations Studied and Rejected
ZA 4 Coverage Maps
ZA 5
ZA 6 Photographic Visual Simulations
ZA 7 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR
USE PERMIT NO. UP2019-032 FOR A SMALL CELL FACILITY
LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY ON CITY
STREETLIGHT NUMBER SLC0902, NEAR THE
NORTHWESTERN CORNER OF 38TH STREET AND LAKE
AVENUE (PA2019-113)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by New Cingular Wireless, LLC (Applicant ), with respect to
City of Newport Beach Streetlight Number SLC0902, located within the public right-of-
way, near the northwestern corner of 38th Street and Lake Avenue, requesting approval
of a minor use permit.
2. The Applicant proposes the installation of a small cell wireless facility on a City-owned
streetlight pole. Project implementation will be fully contained within the public right-of-way
on 38th Street and includes the following: (1) Removal and replacement of an existing City
streetlight; (2) Installation of a small cell wireless facility that consists of four (4) remote
radio units, a raycap disconnect, and an omni-directional antenna within a 12-inch diameter
screening shroud. This equipment would be fixed to the top of the replaced streetlight pole
for a maximum height of 27 feet, 6 inches; and (3) Establishment of supporting equipment
in an adjacent below-grade vault.
.
3. The streetlight is located within the public right-of-way. The proposal is regulated by City
Council Policy L-23 (Siting of Wireless Telecommunications Equipment on City-Owned
Property), as well as Newport Beach Municipal Code (NBMC) Chapter 20.49 (Wireless
Telecommunication Facilities).
4. The project site is located within the coastal zone. It is also located between the first
public roadway paralleling the sea and the sea. Pursuant to Section 21.49.040(B)
(Prohibited Locations) of the NBMC, new facilities are not allowed to be located between
the first public roadway paralleling the sea and the sea, unless they are generally located
on an existing structure. In this case, the proposal is allowed as the facility would be
installed at an existing streetlight pole location.
5. Although located within the coastal zone, the removal and installation of an existing
streetlight pole is exempt from the requirements of a coastal development permit
pursuant to Section 21.50.035(C)(4) (Repair and Maintenance) of the NBMC. In
consultation with Coastal Commission staff, the modification of a streetlight for a small
cell facility remains exempt, provided there is no visual resource impact. The project
was reviewed for consistency with the Public View Protection regulations of Section
21.49.050(B) (Public View Protection) of the NBMC. It is not on a coastal bluff or canyon
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nor is it adjacent to a coastal view road or public accessway, as identified on the Coastal
Land Use Plan Map 4-3 (Coastal Views). The site also does not contain significant
natural landforms or vegetation. While it is within approximately 175 feet of the Newport
Island Park, an identified public coastal viewpoint, the proposed facility is not within the
direct viewshed of the Rivo Alto and is grouped with three mature palm trees, such that
it will be indistinguishable at a distance. It is also immediately across 38 th Street from
Lake Street Park; however, there are several mature palm trees between, and the view
of the Rivo Alto is unimpacted. The project scope involves the removal and replacement
of an existing City streetlight in the same location with the same luminaire height, such
that it will blend with the existing streetscape. The replacement streetlight is consistent
with the size, shape, style, and design of the existing pole. No above-ground mounted
equipment is proposed, and the support equipment is proposed to be placed in
underground handholes. All transmission equipment, including remote radio units and
the raycap disconnect switch, are fully concealed within a screening shroud. The project
will not have a negative impact on coastal views or coastal resources; therefore, a
coastal development permit is not required.
6. A public hearing was held on May 28, 2020, in the Council Chambers at 100 Civic Center
Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in
accordance with the NBMC. Evidence, both written and oral, was presented to, and
considered by, the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant
to Sections 15302 and 15303 under Class 2 (Replacement or Reconstruction) and Class
3 (New Construction or Conversion of Small Structures), respectively, 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. Class 2 consists of replacement
or reconstruction of existing structures and facilities where the new structure will be
located on the same site as the structure replaced and will have substantially the same
purpose and capacity as the structure replaced. Class 3 consists of construction and
location of limited numbers of new, small facilities or structures; installation of small new
equipment and facilities in small structures; and the conversion of existing small
structures from one (1) use to another where only minor modifications are made in the
exterior of the structure.
2. In this case, the proposal includes the removal and replacement of an existing City
streetlight pole to install a small telecommunications wireless facility, including below-
grade accessory equipment.
3. The exceptions to the Class 3 categorical exemption under Section 15300.2 are not
applicable. The project location does not impact an environmental resource of
hazardous or critical concern, does not result in cumulative impacts, does not have a
significant effect on the environment due to unusual circumstances, does not damage
scenic resources within a state scenic highway, is not a hazardous waste site, and is
not identified as a historical resource.
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SECTION 3. REQUIRED FINDINGS.
Minor Use Permit
In accordance with NBMC Subsection 20.52.020(F) (Conditional Use Permits and Minor Use
Permits), 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 project site is designated as Public Right-of-Way (ROW), which is property held in
trust by the City, and allows for the construction and maintenance of public roads,
crosswalks, pedestrian walkways, electric transmission lines, oil or gas pipeline, water
line, sanitary or storm sewer, or other similar uses. City Council Policy L-23 (Siting of
Wireless Telecommunications Equipment on City-Owned Property) governs procedures
and locations for siting wireless telecommunications equipment in the ROW. Streetlights
are eligible for telecom use, subject to entitlements (such as this minor use permit
request), yearly rent, and a license agreement.
2. General Plan Natural Resources Goal NR 21 recommends the minimized visual
impacts of signs and utilities. The proposed design is consistent with NR 21 by
introducing no new vertical obstructions in the ROW, employing stealth elements like
colorization (painting to match the streetlight pole), and installing the associated
equipment below grade. Conditions of Approval No. 21 and 22 prohibit advertising
signage or identifying logos on any telecom facility except for small identification,
address, warning, and similar information plates. Signage required by State or Federal
regulations shall be allowed in its smallest permissible size.
3. General Plan Land Use Policy LU 6.1.3 promotes architecture and planning that
complements adjoining uses. The proposed design adjoins residential uses and aligns
with LU 6.1.3 by copying the size, shape, style, and design of the existing streetlight
pole to decrease potential disruption of the visual environment. Adverse impact to
circulation, aesthetics, sounds, or odor are not anticipated from project implementation.
4. General Plan Land Use Policy LU 4 calls for the management of growth and change to
protect and enhance the livability of neighborhoods and achieve distinct and
economically vital business and employment districts, which are correlated with
supporting infrastructure and public services and sustain Newport Beach s natural
setting. The proposed small cell facility upholds the intent of LU 4 by providing
infrastructure to add system capacity for service gaps that may occur for residents and
businesses of the area in regular and high demand periods. It also benefits the
community by improving the existing coverage and capacity to increase the voice and
data system already in use by its customers. The facility is designed to adapt and accept
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future technologies, such as 5G, and will help meet local demand and sustain the
livability of the area.
5. The project site is not located within 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. See Fact in Support of Finding A.1.
2. Wireless telecommunication facilities are regulated by NBMC Chapter 20.49 (Wireless
Telecommunication Facilities). Installing small cell equipment in the ROW assigns the
project a Class 3 specification (Public Right-of-Way Installations) and requires the
Applicant to obtain a minor use permit from the Zoning Administrator (NBMC Section
20.49.060 [Permit Review Procedures]).
3. NBMC Subsection 20.49.040(A) (Preferred Locations) prioritizes telecom facilities from
most preferred (1) to least preferred (4) as follows: (1) collocation of a new facility at an
existing facility; (2) Class 1 (Stealth/Screened); (3) Class 2 (Visible Antennas); Class 3
(Public Right-of-Way); and (4) Class 4 (Freestanding Structure). Although lower on the
listing of priority facilities, the proposed facility consists of one (1) small cell facility that
is designed to not visually dominate the surrounding area and instead to blend into the
existing block.
4. NBMC Section 20.49.050 (General Development and Design Standards) requires
projects to be visually compatible with surrounding structures. In reviewing this
application, the Zoning Administrator shall consider the proposed use of color
blending, equipment screening, and the limited size of the equipment designed
consistently with the aforementioned criteria. All telecommunications equipment on top
of the streetlight pole would be concealed within a painted-to-match 12-inch diameter
shroud. The proposed small cell facility would rely on likeness with the streetlight pole
through style, color, and material to help disguise its presence. Engineering of the
replacement streetlight pole accommodates and withstands the weight of the small cell
equipment and has ability to display a future City banner, if needed. Electrical and wiring
components of the telecommunications equipment are designed to be fully contained
within the new streetlight pole. The overall height of 27 feet, 6 inches from finished grade
to the top of the proposed facility complies with the maximum allowed. Equipment not
contained within the shroud on the streetlight pole would be out of sight, located below
the ground in the adjacent ROW. Condition of Approval No. 33 requires approved design
drawings from Southern California Edison (SCE) of the power supply to the small cell
facility before construction of the facility is to commence.
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5. Existing residential properties that surround the site are in the R-1 (Single-Unit
Residential) and R-2 (Two-Unit Residential) Zoning Districts. These residentially zoned
sites allow for structures up to 24 feet for flat roof elements and 29 feet to the ridge of a
sloped roof. The overall height of existing Streetlight No. SLC0902 sits below the
maximum allowable height for residential structures and the proposed replacement
streetlight with small cell equipment on top will also sit below this maximum by 1 foot, 6
inches.
6. The streetlight is separated from the nearest residences by a triangular-shaped vacant
parcel to the west and the 38 th Street right-of-way to the southeast. These distances
provide a larger buffer from residential structures than any other streetlight location in
the vicinity. Furthermore, keeping the luminaire the same height as the existing
streetlight lessens visual obtrusion from the proposed small cell facility with the line of
the existing development.
7. Submitted materials from the Applicant demonstrate the proposal would conform with
Federal Communications Commission (FCC) Rules and Regulations regarding safety
and radio frequency (RF) emissions.
8. The proposed telecom facility will comply with applicable requirements of the NBMC
with construction as shown on the 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. City of Newport Beach Streetlight No. SLC0902 is located within the public right-of-way
on the northwestern side of 38th Street near the northwestern corner of the Lake Avenue
intersection. It is immediately adjacent to a vacant parcel that is triangular and
approximately that is approximately 65 feet wide at its base. Beyond this parcel to the
northwest is a block of two (2)-unit residential development. All surrounding land uses
are residential and vary in density from two (2)- to single-unit residential. The only
exceptions are the 38th Street Park and the Newport Island Park, which are both
designated Parks and Recreation (PR).
2. Under the new FCC Order, wireless providers are not required to demonstrate a
significant coverage gap, a qualification previously required by local jurisdictions in order
to support an application. Pursuant to the Order, the City cannot [inhibit] the
introduction of new services or the improvement of existing Moreover,
pursuant to Section 332(c)(7)(B)(i)(II) of U.S. Code Title 47 (Telecommunications), the
City may regulate the placement, construction or modification of wireless service
facilities in a manner that prohibits the provision of personal wireless Although
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not required, the Applicant produced a coverage map for the project. This map indicates
the proposed facility would boost the supply of capacity and coverage in the vicinity.
3. Streetlight No. SLC0902 serves as a part of the City s existing streetlight inventory. The
Applicant proposes to: (1) remove and replace SLC0902 with a new streetlight in the
same location; (2) maintain the existing luminaire height of 21 feet; (3) install
telecommunications equipment for a small cell wireless facility on top of the new
streetlight pole resulting in an overall height of 27 feet, 6 inches; and (4) establish new
below-grade support equipment adjacent to the streetlight, within the public right-of-way.
4. The replacement streetlight pole design is consistent with the size, shape, style, and
design of that existing, including the attached light arm and luminaire. For safety and
circulation of the area during construction, Condition of Approval No. 37 requires traffic
control plans illustrating compliance with the 2016 WATCHBook to be reviewed and
approved by the Public Works Department prior to the issuance of any building permit.
5. The proposed telecom facility is anticipated to enhance coverage and capacity for
residents, visitors and businesses in the neighborhood by providing wireless access to
voice and data transmission services. The proposed telecom facility is not expected to
result in any material changes to the character of the local community.
6. See Facts in Support of Finding B.4, B.5, B.6 and B.7.
7. The proposed facility will be unmanned, will have no impact on the circulation system,
and, as conditioned, will not generate noise, odor, smoke, or any other adverse impacts
to adjacent land uses.
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 facility will be unmanned and will have no permanent impact on the
circulation system and adjacent land uses due to its location in the parkway, outside of
existing vehicle or pedestrian circulation areas.
3. The Public Works Department and Utilities Department have reviewed the project
proposal and do not have any concerns regarding access, public services, or utilities
provided to the existing neighborhood and surrounding area.
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Finding:
E. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard
to the public convenience, health, interest, safety, or general welfare of persons residing or
working in the neighborhood of the proposed use.
Facts in Support of Finding:
1. The proposed facility will only require periodic maintenance and will not generate any
type of significant adverse impacts to the environment, such as noise, odor, smoke, etc.
2. The proposed facility must and will comply with the applicable Federal and State rules,
regulations and standards thus, ensuring public health and safety.
3. See Facts in Support of Finding B.4, B.5, B.6, B.7, and B.8
4. The proposed telecom facility will be effectively blended based upon the design and
location with the incorporation of the conditions of approval to the greatest extent
feasible. As a result, the proposed facility at this location is not expected to result in
conditions that are materially detrimental to nearby property owners, residents, and
businesses, nor to public health or safety.
Wireless Telecommunications Facility
In accordance with NBMC Subsection 20.49.060(H)(1) (General Findings for Telecom
Facilities), 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. See Facts in Support of Finding B.4, B.5, and B.6.
2. The closest residentially zoned property is located approximately 40 feet southeast of
the project site and is buffered by the 38th Street right-of-way, which has a 4- to 5-foot-
wide parkway area with vegetation of varying heights on its southeastern side. The
proposed streetlight will blend in with the surrounding streetscape. There are no public
parks immediately adjacent to the proposed project. The proposed facility and below-
grade accessory equipment meets the City s design parameters approved by the City s
Master License Agreement, which emphasizes stealth techniques and best practices to
not be materially detrimental to the surrounding area.
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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 27-foot, 6-inch tall small cell facility would comply with the maximum height limit of
35 feet for telecom facilities installed on streetlights within the public right-of-way.
2. See Facts in Support of Finding B in its entirety.
3. The application includes documentation indicating the need to provide and improve
coverage to the residential areas within the City of Newport Beach. Moreover, the
additional system capacity provided by the proposed facility will address service gaps
that occur during high demand periods, as well as service gaps that exist at all demand
periods to the surrounding area. The proposed small cell site will help AT&T to meet its
coverage objectives and improve coverage to nearby areas that are currently marginal.
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. See Fact in Support of Finding C.2.
2. Three nearby streetlights were identified and investigated by the Applicant as possible
alternate locations for this small cell facility; however, all sites were found by the
Applicant to be not viable. Furthermore, they are less desirable from an aesthetic
standpoint, as there is minimal setback from the residential structures and nearly no
landscaping to help soften the facility and blend it into the existing streetscape
a. Alternative Site #1 at City Streetlight No. SLC0903 is located approximately 135
feet southwest of the proposed location. This pole is located on a narrow sidewalk
immediately in front of a three-story residential structure that is oriented towards
38th Street at the River Avenue intersection. The existing pole is approximately 3
feet, 6 inches from the private concrete block wall and only 10 feet from the
residential structure without any landscaping in between. Installation of a small
cell facility with its necessary underground supporting equipment at this location
would not comply with Americans with Disabilities Act (ADA) requirements and
would further constrict pedestrian movement along the sidewalk area.
Additionally, this alternative would be less desirable, as there are no softening
features that would help blend the facility into the streetscape
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b. Alternative Site #2 at City Streetlight No. SLC0901 is located approximately 210
feet southeast of the proposed location. This pole is located on a narrow sidewalk
immediately in front of a two-story residential structure that is oriented towards
Lake Avenue at the 37th Street intersection. The existing pole is approximately 4
feet from the private fence and only 11 feet from the residential structure without
any landscaping in between. Installation of a small cell facility with its necessary
underground supporting equipment at this location would not comply with ADA
requirements and would further constrict pedestrian movement along the
sidewalk area. Additionally, this alternative would be less desirable, as there are
no softening features that would help blend the facility into the streetscape
c.Alternative Site #3 at City Streetlight No. SLC0904 is located approximately 227
feet northwest of the proposed location. This pole is located immediately adjacent
to the front patio of an existing, single-story residence. The existing pole is
approximately 3 feet from the private wall and only 7 feet from the residential
structure with minimal landscaping in between. Installation of a small cell facility
with its necessary underground supporting equipment at this location would not
comply with ADA requirements and would further constrict pedestrian movement
along the sidewalk area. Additionally, this alternative would be less desirable, as
there are no softening features that would help blend the facility into the
streetscape.
Finding:
I.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.See Fact in Support of Finding C.2.
2.AT&T’s analysis concluded that a more preferred location as defined by NBMC
Subsection 20.49.040(A) (Preferred Locations), such as a collocation or a Class 1 or 2
facility, would not be technically feasible from an RF or construction perspective. The
analysis explained that small cell facilities are low powered and must be located at the
precise location selected to serve the network traffic demands of the specific limited
area. Further, this type of service cannot be accomplished with a traditional macro
collocation or building mounted site in the area.
NOW, THEREFORE, BE IT RESOLVED:
1.This project is exempt from the California Environmental Quality Act (CEQA) pursuant
to Sections 15302 and 15303 under Class 2 (Replacement or Reconstruction) and Class
3 (New Construction or Conversion of Small Structures), respectively, of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
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potential to have a significant effect on the environment. The exceptions to the Class 3
exemption do not apply.
2.The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2019-032, subject to the conditions set forth in “Exhibit A,” which is
attached hereto and incorporated by reference.
3.This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of NBMC Title 20
Planning and Zoning.
PASSED, APPROVED, AND ADOPTED THIS 28TH DAY OF MAY, 2020.
_____________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT A
CONDITIONS OF APPROVAL
Planning Division
1. The development shall be in substantial conformance with the plans, including elevation
exhibits and visual simulations, 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 Applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
4. The telecom facility approved by this permit shall comply with all applicable Federal and
State rules, regulations, and standards.
5. The replacement pole shall be reconstructed in the exact location of the existing
streetlight pole.
6. The reconstructed streetlight pole design shall be consistent with the size (including
diameter), shape, style, and design of the existing streetlight pole to the greatest extent
feasible, including the attached light arm and luminaire. All mounted equipment shall be
painted to match the color and style of the replacement streetlight pole.
7. All accessory support equipment of this facility shall be installed underground.
8. All electrical and antenna wiring shall be fully encased within the reconstructed
streetlight pole.
9. The telecom facility approved by the Use Permit shall comply with any easements,
covenants, conditions, or restrictions on the underlying City-trust property upon which
the facility is located.
10. Anything not specifically approved by this permit is not permitted and must be addressed
in a separate and subsequent review.
11. Prior to building permit final, a Height Certification Inspection shall be required prior to
final of building permits. The small cell facility and base streetlight pole approved by this
permit shall not exceed a total of 27 feet, 6 inches in height from existing grade. The top
of the new luminaire shall not exceed a total of 21 feet in height from existing grade and
shall match the height and shape of the existing luminaire.
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12. Prior to building permit issuance, all contractors and subcontractors shall have a valid
City of Newport Beach business license.
13. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA).
In compliance with the MBTA, grading, brush removal, building demolition, tree
trimming, and similar construction activities shall occur between August 16 and January
31, outside of the peak nesting period. If such activities must occur inside the peak
nesting season from February 1 to August 15, compliance with the following is required
to prevent the taking of native birds pursuant to MBTA:
A. The construction area shall be inspected for active nests. If birds are observed
flying from a nest or sitting on a nest, it can be assumed that the nest is active.
Construction activity within 300 feet of an active nest shall be delayed until the
nest is no longer active. Continue to observe the nest until the chicks have left
the nest and activity is no longer observed. When the nest is no longer active,
construction activity can continue in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds,
and to determine when it is safe to commence construction activities. If an active
nest is found, one or two short follow-up surveys will be necessary to check on
the nest and determine when the nest is no longer active.
14. 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.
15. On an annual basis, the Applicant shall conduct maintenance inspections of the wireless
telecom facility, including the small cell facility and below-grade equipment areas, and
make all necessary repairs. The Community Development Director may require
additional inspections and/or maintenance activities at his/her discretion.
16. 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.
17. 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.
18. The telecommunications facility shall at no time interfere with the frequencies used by
the City of Newport Beach for public safety. advanced planning and
frequency engineering measures shall 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 FCC.
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19. 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.
20. The Applicant shall provide a "single point of contact" for carriers 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, and email 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. If the point of contact changes,
the City shall be immediately alerted and updated.
21. 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.
22. Appropriate information warning signs or plates shall be posted on the base streetlight
pole of the 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.
Signage required by State or federal regulations shall be allowed in its smallest
permissible size.
23. Prior to the final of building permits, the Applicant shall schedule an evening inspection
by the Code Enforcement Division to confirm compliance with lighting. The telecom
facility shall be lighted to the extent deemed necessary by the Newport Beach Police
and Utilities Departments for security lighting and consistency with other streetlights in
the area.
24. The Applicant shall maintain the telecom facility in a manner consistent with this
approval.
25. The Applicant shall ensure that its telecom facility complies with the most current
regulatory, operations standards, and radio frequency emissions standards adopted by
the FCC. The Applicant 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. This information shall be made available by
the Applicant upon request of the Community Development Director.
26. The facility shall comply with all applicable provisions of U.S. Code Title 47
(Telecommunications) rules and regulations, including those related to FCC Radio
Frequency safety.
27. Prior to final of building permits, the Applicant shall schedule an inspection by the
Planning Division to ensure materials and colors match existing architecture as
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illustrated in the approved photographic simulations and in conformance with NBMC
Section 20.49.050.
28. 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 shall have ninety (90) days from the date of abandonment or
discontinuance to reactivate use of the facility, or remove the telecom facility and restore
the site.
29. The City reserves the right and jurisdiction to review and modify any permit approved
pursuant to NBMC Chapter 20.49, 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 or 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 review of the modification, and possible amendment
to the use permit, prior to implementing any change.
30. Minor Use Permit No. UP2019-032 shall expire unless exercised within 24 months from
the date of approval as specified in NBMC Section 20.54.060 (Time Limits and
Extensions), unless an extension is otherwise granted.
31. Construction activities shall comply with NBMC Section 10.28.040, which restricts hours
of noise-generating construction activities that produce noise to between the hours of 7
a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are
not allowed on Saturdays, Sundays or holidays.
32. This Use Permit may be modified or revoked by the Zoning Administrator if determined
that the proposed uses or conditions under which it is being operated or maintained is
detrimental to the public health, welfare or materially injurious to property or
improvements in the vicinity or if the property is operated or maintained so as to
constitute a public nuisance.
33. A copy of the Resolution, including conditions of approval Exhibit A, and approved
drawings from Southern California Edison (SCE) for the power supply and design, shall
be incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
34. The Applicant shall promptly notify the City if the landscaped parkway of the subject
streetlight pole is negatively affected or otherwise damaged by project implementation.
35. 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
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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 AT&T Small Cell SLC0902, including,
but not limited to, Minor Use Permit No. UP2019-032 (PA2019-113). 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.
Public Works Department
36. Prior to the issuance of a building permit, an encroachment permit shall be required.
37. Prior to the issuance of a building permit, traffic control plans illustrating compliance with
the 2016 WATCHBook requirements shall be reviewed and approved by the Public
Works Department before their implementation. Large construction vehicles shall not be
permitted to travel narrow streets as determined by the Public Works Department.
Disruption caused by construction work along roadways and by movement of
construction vehicles shall be minimized by proper use of traffic control equipment and
flagman.
25
Attachment No. ZA 2
Vicinity Map
26
Feet
Every reasonable effort has been made to assure the
accuracy of the data provided, however, The City of
Newport Beach and its employees and agents
disclaim any and all responsibility from or relating to
any results obtained in its use.
Disclaimer:
5/20/2020
0 335168
27
Attachment No. ZA 3
Alternative Locations Studied and
Rejected
28
29
30
31
32
33
34
35
36
37
Attachment No. ZA 4
Coverage Maps
38
39
40
41
Attachment No. ZA 5
Justification
42
Exhibit B
New Cingular Wireless PCS, LLC d/b/a AT&T Mobility
AT&T Site ID: CSTAM_007 and FA#14823074
Project Address: City Streetlight No. SLC0902, located at the northwest corner of 38th Street and Lake
Avenue, Newport Beach
Project Narrative
New Cingular Wireless PCS, LLC d/b/a AT&T Mobility (“AT&T”) is proposing to install a new small cell wireless
telecommunications facility to serve residents and businesses in this portion of the community. Small cells
are low-power, low-profile wireless communications facilities that improve signal quality and capacity within
AT&T’s existing wireless network. The proposed small cell facility will help AT&T provide and improve critical
wireless services in this area.
AT&T estimates that since the introduction of the iPhone in 2007, mobile data usage has increased 470,000%
on its network. AT&T customers’ growing demand for mobile data services will continue to increase.
Customer needs require AT&T to design and maintain its network to provide and improve wireless signal
quality and to increase data rates sufficient to stream video. Areas that do not meet this minimal standard, or
where wireless service is otherwise compromised, represent service issues that must be addressed.
Specifically, this proposed small cell facility will improve AT&T’s wireless services by offloading network traffic
carried by existing macro facilities in the area. In addition, faster data rates allow customers to get on and off
the network quickly, which produces more efficient use of AT&T’s limited spectrum. By placing the small cell
facility in areas where AT&T’s existing wireless telecommunications facilities are constrained and where
AT&T experiences especially high network traffic, AT&T can address the existing and forecasted demand and
support 5G speeds in the near future.
Improving signal quality and increasing data speed is critical to providing the mobile experience customers
demand and to manage the unprecedented increase in mobile data usage on AT&T’s network. The Center for
Disease Control and Prevention (CDC) tracks the rates at which American households are shifting from
landlines to wireless telecommunications. According to the CDC’s latest Wireless Substitution Report, more
than 70 percent of Americans rely exclusively or primarily on wireless communications in their homes.1 In
addition, the FCC estimates that 70 percent of all 911 calls are made from wireless devices.2 And with AT&T’s
selection by FirstNet as the wireless service provider to build and manage the nationwide first responder
wireless network, each new or modified facility will help strengthen first responder communications.
Description of Service and Site Type
AT&T selected the proposed facility as the best available means to address its service objectives in this
portion of the city. The proposed small cell facility will be located in the public right-of-way, where AT&T has
a right to place its equipment pursuant to Section 7901 of the California Public Utilities Code. The proposed
node is a Pico cell site and will provide 4G services to the surrounding area. The project will involve the
placement of a small antenna and associated small cell equipment enclosed within a replacement streetlight.
For this small cell, AT&T proposes to install a 10-inch diameter omni-directional antenna and radios at the
1 See Wireless Substitution: Early Release of Estimates From the National Health Interview Survey, January-June 2018 , available
at http://www.cdc.gov/nchs/data/nhis/earlyrelease/wireless201812.pdf.
2 See 911 Wireless Services, available at https://www.fcc.gov/consumers/guides/911-wireless-services.
43
Exhibit B
Page 2 of 3
top of a replacement streetlight, fully concealed within a 12-inch diameter shroud. The facility will not
obstruct pedestrian or vehicular traffic. It will not adversely affect the surrounding properties and will have a
minimal physical and aesthetic footprint in this area. In addition, the proposed facility fully complies with
applicable design criteria. Therefore, the City can easily make the necessary findings for approval for this
small cell facility.
The project scope will consist of the following:
Removal and replacement of a streetlight.
Installation of a single omni-directional antenna.
Installation of four remote radio units and raycap disconnect switch within a shroud.
Installation of below grade power and fiber handholds.
Project Code Compliance
The subject project complies with the City of Newport Beach’s Wireless Telecommunications Facilities
Ordinance in the Public Right-of-Way, Chapter 21.49 in the following ways:
1. The proposed wireless facility is a small cell installation to be installed on a replaced streetlight in the
public right-of-way to match the existing pole.
2. The project is allowed subject to the city’s approval of a Minor Use Permit. The proposed installation
will not interfere with the use of the existing right-of-way.
3. The proposed facility is a low powered antenna designed to work in conjunction with other small cell
sites in the area and to off-load capacity from an existing macro facility. The installation will comply
with applicable regulations of the Federal Communications Commission as demonstrated in the
enclosed FCC Local Official Guide to RF – Appendix A.
4. The replacement streetlight is consistent with the size, shape, style, and design of the existing pole,
including the attached light arm.
5. The replacement streetlight, placed within the public right-of-way, does not exceed thirty-five (35)
feet in height above the finished grade.
6. No above ground mounted equipment is proposed, and the support equipment is proposed to be
placed in underground handholes.
7. All transmission equipment, including remote radio units and the raycap disconnect switch, are fully
concealed within the shroud.
8. Signage displayed on the wireless facility will be in the smallest permissible size. There will be no
advertising signage.
9. The applicant will conform to all City of Newport Beach requirements.
Conformance with FCC Regulations
The proposed low powered antenna installation attached to the utility pole is considered categorical
excluded by the FCC based on the analysis included in the FCC Optional Checklist for Determination of the
Local Official’s Guide to RF (attached). Installations that are categorically excluded are considered to meet or
exceed the FCC standards for RF Emissions.
Construction, Maintenance and Monitoring
Construction of the proposed project will take approximately 30-days. All construction will be done in a
manner that minimizes impact to residents and/or businesses in the area. Existing underground or overhead
power and fiber connections will be used with minimal trenching. Directional boring will be used when
deemed appropriate for each specific location.
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Exhibit B
Page 3 of 3
Maintenance of the subject facility is minimal. The telecom operator will be responsible for maintenance of
the telecom facility including, but not limited to, any missing, discolored or damaged screening, all graffiti will
be removed promptly, and the facility kept clean and free of litter. Monitoring is typically done from AT&T’s
switching offices. If needed, a site visit to change any radio equipment will be coordinated with the city
through the appropriate process.
Site Preferred Location and Alternative Analysis
The City of Newport Beach Code Section 20.49.040 lists the preferred locations for telecommunication
facilities to limit adverse visual effects and the proliferation of new or individual telecom facilities in the City.
Class 3 is defined as public right-of-way installations where the facility can be installed on a structure located
in the public right-of-way. The proposed AT&T small cell facility falls under this category and is the third on
the list of preferred locations. The proposed installation is consistent with the approved city designs under
the master agreement between AT&T and the City. Due to the slim design, camouflaged antenna, use of
existing city structures within the right-of-way, AT&T believes that the changes to the existing streetlights are
non-material or aesthetic changes that would not impact the surrounding development of this area. The
other preferred locations as listed by code relate to the use of existing non-residential buildings or other
structures, which are stealth and fully screened and not visible to the general public. These types of locations
or structures are not feasible designs for small cells located within the public right-of-way.
AT&T is committed to providing wireless telecommunications services and faster data rates throughout the
City of Newport Beach and is doing so by installing the least intrusive technology, with the least intrusive
design at the least intrusive locations. Rather than construct traditional tower facilities in or near residential
neighborhoods, AT&T is choosing to deploy very small facilities, called “small cells,” that can be installed on
utility infrastructure in the public right-of-way.
A small cell is a low-powered cell site, which, when grouped with other small cells, can provide coverage in
areas where traditional macro wireless facilities are not feasible. Although the signal from each small cell
antenna covers a shorter range than a conventional tower site, small cells can be effective tools to help close
significant gaps in service coverage or offload capacity with a minimal visual impact. Node CSTAM_007 will
help AT&T close a significant gap in this area of the City by the least intrusive means, see attached coverage
maps.
AT&T has evaluated other locations for this project in the immediate vicinity of the proposed node. Attached
is the alternative site analysis with detailed description of each alternative.
Statement of Code Compliance
The overall site location and design complies with applicable code provisions, the General Plan, and other
published siting guidelines. For further analysis regarding the applicable code, please see the attached
Statement of Code Compliance.
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Statement of Code Compliance with Newport Beach Municipal Code (“NBMC”) Chapter 20.49 and Chapter
13.20
Below, we identify the applicable code criteria and demonstrate our compliance or acknowledgement of
each provision.
20.49.040 Telecom Facility Preferences and Prohibited Locations.
A. Preferred Locations. To limit the adverse visual effects of and proliferation of new or individual telecom
facilities in the City, the following list establishes the order of preference of facilities, from the most preferred
(1) to least preferred (4).
1. Collocation of a new facility at an existing facility.
2. Class 1.
3. Class 2 and Class 3.
4. Class 4.
B. Prohibited Locations. Telecom facilities are prohibited in the following locations:
Applicant Response: AT&T is proposing a Class 3 facility that replaces an existing concrete designed
streetlight with a new similar concrete designed replacement pole. The design is consistent with the design of
the existing pole and the type of infrastructure currently in the right of way. The design is consistent with the
designs depicted and allowed pursuant to the Master License Agreement Between the City of Newport Beach
and New Cingular Wireless PCS, LLC for the Use of City-Owned Streetlights for Telecommunication Facilities
(“MLA”). As explained in the previous Alternative Analysis, a collocation or Class 1 or 2 facility would not be
technically feasible in this location from an RF or construction perspective. Small cells are low power and
must be located at the precise location selected to serve the network traffic demands of that specific and
limited area. This type of service enhancement cannot be accomplished with a traditional macro collocation
or building mounted site in this area. The site is not located in any of the locations prohibited by NBMC
§20.49.040.B.1-4.
20.49.050 General Development and Design Standards.
A. General Criteria. All telecom facilities shall employ design techniques to minimize visual impacts and
provide appropriate screening to result in the least visually intrusive means of providing the service. Such
techniques shall be employed to make the installation, appearance and operations of the facility as visually
inconspicuous as practicable. To the greatest extent feasible, facilities shall be designed to minimize the
visual impact of the facility by means of location, placement, height, screening, landscaping, and shall be
compatible with existing architectural elements, building materials, other building characteristics, and the
surrounding area.
Applicant Response: The Applicant has selected a design that minimizes visual impacts and is appropriately
screened to result in the least visually intrusive means of providing service. The site will be placed in the right-
of-way and will be virtually unnoticeable as this is the type of infrastructure one would expect to see in the
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right-of-way. The facility is compatible with the architectural design of existing right-of-way infrastructure
with respect to color, materials, scale and compatibility with the surrounding area. It matches the existing
pole in scale and design and will not result in any net add of right-of-way infrastructure. Utilities are placed
below grade and are not visible.
In addition to the other design standards of this section, the following criteria shall be considered by the
review authority in connection with its processing of any MUP, CUP, LTP, or ZC for a telecom facility:
1. Blending. The extent to which the proposed telecom facility blends into the surrounding environment or
is architecturally compatible and integrated into the structure.
Applicant Response: The facility blends into the surrounding environment and is compatible and integrated
into the replacement structure. It matches the existing pole in terms of scale, color and materials and is
consistent with expected infrastructure that exists in the right-of-way.
2. Screening. The extent to which the proposed telecom facility is concealed or screened by existing or
proposed new topography, vegetation, buildings or other structures.
Applicant Response: The site is screened to the extent that it matches and is concealed within a streetlight
replacement pole.
3. Size. The total size of the proposed telecom facility, particularly in relation to surrounding and supporting
structures.
Applicant Response: The scale and total size of the proposed facility is consistent with existing right-of-way
infrastructure. The new luminaire is consistent with the size, location and functioning of the luminaire being
replaced. The 9.25” diameter of the new pole is consistent with and substantially similar to the diameter of
the existing pole which is 9” at the location being measured. The pole height is almost identical except for the
antenna enclosure at the top, which is also consistent with the design in terms of scale and width. The
presence of communication equipment at this site will be virtually unnoticeable to the casual passerby.
4. Location. Proposed telecom facilities shall be located so as to utilize existing natural or manmade
features in the vicinity of the facility, including topography, vegetation, buildings, or other structures to
provide the greatest amount of visual screening and blending with the predominant visual backdrop.
Applicant Response: The location in the right-of-way is appropriate as it is consistent with infrastructure
expected to be located in the right-of-way. One of the purposes of the right-of-way is to accommodate
infrastructure that will serve the needs of the community, so it is the appropriate place for this type of facility.
5. Collocation. In evaluating whether the collocation of a telecom facility is feasible, the criteria listed in
subsections (A)(1) through (4) of this section shall be used to evaluate the visual effect of the combined
number of facilities at the proposed location.
Applicant Response: Collocation on this facility is not technically feasible from an RF and construction
standpoint. Requiring a collocation on this facility would increase the visual impact and scale of this site.
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B. Public View Protection. All new or modified telecom facilities, whether approved by administrative or
discretionary review, shall comply with Section 20.30.100 (Public View Protection). Additionally, potential
impacts from a new or modified telecom facility to public views that are not identified by General Plan Policy
NR 20.3 shall be evaluated to determine if inclusion in Policy NR 20.3 would be appropriate. If deemed
appropriate for inclusion, the potential impacts to such public views shall be considered.
Applicant Response: This section is not applicable to this facility as it is not in an area that is subject to Public
View Protection.
C. Height.
1. The Planning Commission or City Council may approve or conditionally approve a CUP for a telecom
facility that exceeds the maximum height limit for the zoning district in which the facility is located; provided,
it does not exceed the maximum height limit by fifteen (15) feet, only after making all of the required findings
in Section 20.49.060(H) (Required Findings for Telecom Facilities).
Applicant Response: The height limitation for facilities located in the public right-of-way is 35 feet. NBMC
§20.49.050.C.3. The facility complies with this standard as it does not exceed 35 feet.
2. All telecom facilities shall comply with height restrictions or conditions, if any, required by the Federal
Aviation Administration, and shall comply with Section 20.30.060(E) (Airport Environs Land Use Plan for John
Wayne Airport and Airport Land Use Commission Review Requirements) as may be in force at the time the
telecom facility is permitted or modified.
Applicant Response: This provision is not applicable to this facility.
3. Telecom facilities installed on streetlights, utility poles, utility towers or other similar structures within
the public right-of-way shall not exceed thirty-five (35) feet in height above the finished grade.
Applicant Response: The facility complies with this standard as it does not exceed 35 feet.
4. Telecom facilities may be installed on existing utility poles or utility towers that exceed thirty-five (35)
feet above the finished grade where the purposes of the existing utility pole or utility tower is to carry
electricity or provide other wireless data transmission; provided, that the top of the proposed antennas do
not extend above the top of the utility pole or utility tower.
Applicant Response: This provision is not applicable to this facility.
5. Telecom facilities disguised as flagpoles may be installed provided they meet applicable height limits for
flagpoles provided in Section 20.30.060.
Applicant Response: This provision is not applicable to this facility.
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D. Setbacks. Proposed telecom facilities shall comply with the required setback established by the
development standards for the zoning district in which the facility is proposed to be located. Setbacks shall
be measured from the part of the facility closest to the applicable lot line or structure.
Applicant Response: This provision is not applicable as the facility is located in the right-of-way and replaces
an existing structure. Also, the code specifically provides for a setback exception for light standards. NBMC §
20.30.110.D.11.
E. Design Techniques. Design techniques shall result in the installation of a telecom facility that is in
harmony and scale with the surrounding area, screens the installation from view, and prevents the facility
from visually dominating the surrounding area. Design techniques may include the following:
Applicant Response: The facility is in harmony and scale with the surrounding area. The new concrete
designed pole is substantially similar in size and scale to the existing pole and the materials, design and color
match. The facility is compatible with infrastructure that exists in the right-of-way and will be installed in the
same location as the pole that is being replaced. The facility will not visually dominate the surrounding area.
1. Screening elements to disguise, or otherwise hide the telecom facility from view from surrounding uses.
Applicant Response: The facility is a combination light pole and wireless facility and the antennas and other
equipment components will be concealed within the pole.
2. Painting and/or coloring the telecom facility to blend into the predominant visual backdrop.
Applicant Response: The facility will be concealed within a light pole and will be the same color and finish as
the pole being replaced.
3. Siting the telecom facility to utilize existing features (such as buildings, topography, vegetation, etc.) to
screen or hide the facility.
Applicant Response: The facility is being sited in the right-of-way and will be installed in the same location as
the pole being replaced and will have the same color and finish.
4. Utilizing simulated natural features (trees, rocks, etc.) to screen or hide the telecom facility.
Applicant Response: The facility is a light pole replacement, a structure that is expected to be located in the
right-of-way, will be installed in the same location as the pole being replaced, and will have the same color
and finish.
5. Providing telecom facilities of a size that, as determined by the City, is not visually obtrusive such that
any effort to screen the facility would create greater visual impacts than the facility itself.
Applicant Response: The facility is not visually obtrusive and is consistent with the size, scale, color and
appearance of existing right-of-way infrastructure.
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6. To the greatest extent practicable, new Class 4 facilities shall be designed and sited to facilitate the
collocation of one additional telecom operator.
Applicant Response: This criterion is not applicable as this facility is not a Class 4.
F. Screening Standards. For collocation installations, the screening method shall be materially similar to
those used on the existing telecom facility, and shall not diminish the screening of the facility. If determined
necessary by the review authority, use of other improved and appropriate screening methods may be
required to screen the antennas and support equipment from public view. The following is a non-exclusive
list of potential design and screening techniques that must be considered for all facility installations:
Applicant Response: This criterion is not applicable as this facility is not a collocation.
3. For Class 3 (Public Right-of-Way) Installations.
a. Whenever feasible, new antennas proposed to be installed in the public right-of-way shall be placed on
existing utility structures, streetlights, or other existing vertical structures. Antenna installations on existing
or replacement streetlight poles or utility poles shall be screened by means of canisters, radomes, shrouds
other screening measures whenever feasible, and treated with exterior coatings of a color and texture to
match the existing pole.
Applicant Response: The facility design meets this criterion. The antenna is screened behind a cannister that
is on top of the pole. It will be the same color and texture as the existing pole.
b. New or replacement vertical structures may be allowed when authorized by the Municipal Code and
approved by the Public Works Department. Replacement poles or streetlights shall be consistent with the
size, shape, style, and design of the existing pole, including any attached light arms. New poles or streetlights
may be installed, provided they match existing or planned poles within the area.
Applicant Response: The facility design meets this criterion and is allowed pursuant to the NBMC and the
MLA. This replacement pole is substantially the same size, shape, style and design of the existing pole. It also
has a luminaire that is the same height and brightness as the existing pole.
c. If antennas are proposed to be installed without screening, they shall be flush-mounted to the pole and
shall be treated with exterior coatings of a color and texture to match the pole.
Applicant Response: This provision is not applicable as the antennas will be screened.
6. Support Equipment. All support equipment associated with the operation of any telecom facility shall be
placed or mounted in the least visually obtrusive location practicable, and shall be screened from view.
Applicant Response: Support equipment is either concealed or installed below grade and has no visual
impact.
b. Installations in a Public Right-of-Way. The following is a non-exclusive list of potential screening
techniques for telecom facilities located in a public right-of-way:
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i. Where existing utilities services (e.g., telephone, power, cable TV) are located underground, the support
equipment shall be placed underground if required by other provisions of the Municipal Code. Flush-to-grade
underground vault enclosures, including flush-to-grade vents, or vents that extend no more than twenty-four
(24) inches above the finished grade and are screened from public view may be incorporated. Electrical
meters required for the purpose of providing power for the proposed telecom facility may be installed above
ground on a pedestal in a public right-of-way provided they meet applicable standards of Title 13 unless
otherwise precluded by the Municipal Code.
Applicant Response: The utilities serving this facility are either installed below grade or are concealed within
the replacement pole. No above ground pedestals are proposed.
ii. Support equipment approved to be located above ground in a public right-of-way shall be painted or
otherwise coated to be visually compatible with the existing or replacement pole, lighting and/or traffic
signal equipment without substantially increasing the width of the structure.
Applicant Response: This provision is not applicable as no above ground support equipment is proposed.
iii. All transmission or amplification equipment such as remote radio units, tower mounted amplifiers, and
surge suppressors shall be mounted inside the utility or streetlight pole without materially increasing the
pole diameter or shall be installed in the vault enclosure supporting the facility.
Applicant Response: The transmission equipment is concealed within the pole.
G. Night Lighting. Telecom facilities shall not be lighted except for security lighting at the lowest intensity
necessary for that purpose or as may be recommended by the United States Flag Code (4 U.S.C. Section 1 et
seq.). Such lighting shall be shielded so that direct illumination does not directly shine on nearby properties.
The review authority shall consult with the Police Department regarding proposed security lighting for
facilities on a case-by-case basis.
Applicant Response: No lighting is proposed other than the replacement luminaire which is being installed at
substantially the same height and is the same brightness as the existing pole.
H. Signs and Advertising. No advertising signage or identifying logos shall be displayed on any telecom
facility except for small identification, address, warning, and similar information plates. Such information
plates shall be identified in the telecom application and shall be subject to approval by the review authority.
Signage required by State or Federal regulations shall be allowed in its smallest permissible size.
Applicant Response: The facility complies with this criterion. The only signage proposed is the required notice
signage, facility owner information and signage and banners required to be installed by the City.
I. Nonconformities. A proposed or modified telecom facility shall not create any new or increased
nonconformity as defined in the Zoning Code, such as, but not limited to, a reduction in and/or elimination
of, required parking, landscaping, or loading zones unless relief is sought pursuant to applicable zoning code
procedures.
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Applicant Response: The facility complies with the code and will not create a zoning code nonconformity.
J. Maintenance. The telecom operator shall be responsible for maintenance of the telecom facility in a
manner consistent with the original approval of the facility, including but not limited to the following:
1. Any missing, discolored, or damaged screening shall be restored to its original permitted condition.
Applicant Response: The Applicant acknowledges that it is responsible for maintaining the site consistent
with its original permitted condition.
2. All graffiti on any components of the telecom facility shall be removed promptly in accordance with the
Municipal Code.
Applicant Response: The Applicant acknowledges this requirement.
3. All landscaping required for the telecom facility shall be maintained in a healthy condition at all times,
and shall be promptly replaced if dead, dying, or damaged.
Applicant Response: No landscaping is proposed for this installation.
4. All telecom facilities shall be kept clean and free of litter.
Applicant Response: The Applicant acknowledges this requirement.
5. All equipment cabinets shall display a legible contact number for reporting maintenance problems to the
telecom operator.
Applicant Response: The Applicant is not proposing equipment cabinets.
6. If a flagpole is used for a telecom facility, flags shall be flown and shall be properly maintained at all
times. The use of the United States flag shall comply with the provisions of the U.S. Flag Code (4 U.S.C.
Section 1 et seq.). (Ord. 2014-1 § 10 (part), 2014)
Applicant Response: The Applicant is not proposing a flagpole.
20.49.060 Permit Review Procedures.
H. Required Findings for Telecom Facilities. The following findings shall apply to all facilities requiring
discretionary review:
1. General. The review authority may approve or conditionally approve an application for a telecom facility
only after first finding each of the required findings for a MUP or CUP pursuant to Section 20.52.020
(Conditional Use Permits and Minor Use Permits), or an LTP pursuant to Section 20.52.040 (Limited Term
Permits), and each of the following findings:
a. The proposed telecom facility is visually compatible with the surrounding neighborhood.
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Applicant Response: The facility is visually compatible with the surrounding area. The facility design is
allowed pursuant to the MLA and applicable code and is substantially similar in design, shape, size, color and
texture as the existing pole. All related equipment is either installed below grade or is concealed within the
interior of the replacement light pole.
b. The proposed telecom facility complies with height, location and design standards, as provided for in this
chapter.
Applicant Response: The 27.5-foot-tall facility complies with the height, location and design standards. It is a
Class 3 facility located in the right-of-way and meets the City approved design standards per the code and the
MLA.
c. An alternative site(s) located further from a residential district, public park or public facility cannot
feasibly fulfill the coverage needs fulfilled by the installation at the proposed site.
Applicant Response: The Applicant has provided an alternative analysis that addresses this criterion. No
alternative site locations would fulfill the network needs that are fulfilled by this installation at this proposed
specific location.
d. An alternative plan that would result in a higher preference facility class category for the proposed
facility is not available or reasonably feasible and desirable under the circumstances.
Applicant Response: As explained previously, small cells are designed to enhance network capacity and must
be precisely located in a specific area to properly function due to their low power and limited range. A higher
preference class facility would not be technically feasible and would not fulfill this specific network need.
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Attachment No. ZA 6
Photographic Visual Simulations
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Attachment No. ZA 7
Project Plans
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From:Gina Unsworth
To:CDD
Subject:re: project file #PA2019-113 ACTIVITY NUMBER UP2019-032 AT & T "SMALL" CELL SLC00902 Tower at 38th St
Date:Wednesday, May 27, 2020 8:53:35 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Good morning
Below are my concerns/questions/ thoughts regarding the intended 27'+ communications tower
1-What other locations have been reviewed-why is this on suitable?
2-Has thought been given to the fact that the bridge is the only means on/off the island and so already
has congestion without added congestion/disruption from this potential tower and subsequent utilities
underground and then future maintenance.
3-Safety . Many children rightly or wrongly use the bridge as a jumping platform into the water. What will
prevent them from seeing this a mere piece of diving equipment either to try to get into the water or the
sand.
4-Has consideration been given to the fact that this is a 'beauty spot' which many people include in their
photos of the picturesque island. How would this tower enhance that photo opportunity?
5-Has thought been given to the fact that residents pay out of their pocket at Christmas time to beautify
the bridge with lights and this will negate their efforts or do AT & T intend to reimburse them?
6-Is there any monetary transactions with AT& T ( or any third part) and anyone else for allowing this cell
tower to be located here? If so who?
Why has a photo not been given to actually let residents see what it would look like? Many developers do
that with houses.
Why negate the charm of the island on and in the vicinity of the island?
Years ago the residents paid thousands of dollars out of their own pockets to put utilities underground
and now they are being subjected to having one of the largest towers in their area and eyesight.
I think that within the vicinity there are other more suitable locations where a 27'+ tower would be less
intrusive and they should be considered rather than this one at 38th St.
I look forward to your consideration and response to my concerns. Unfortunately work prevents me from
attending the public hearing.
Kind Regards
Gina Cruz resident of 38th St.
Zoning Administrator - May 28, 2020
Item No. 3a Additional Materials Received
AT&T Small Cell SLC0902 Minor Use Permit (PA2019-113)
May 21, 2020, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660
(949-548-6229)
Item 3. AT&T Small Cell SLC0902 Minor Use Permit No. UP2019-032
(PA2019-113)
Because the conditions in NBMC Title 20 that trigger the need for a Minor Use Permit in
connection with proposals for new telecom facilities are essentially identical to those that trigger
the need for a Coastal Development Permit under Title 21, I believe the current application cannot
be approved without a CDP and fail to understand why one is not being processed concurrent with
the MUP. Alternatively, the conditions that are claimed to extinguish the need for a CDP could
equally well be said to extinguish the need for a MUP – which is not what was anticipated when the
Master License Agreement was approved in 2019 with assurances individual installations would be
subject to public hearing.
While it may be true that Coastal Commission staff does not require CDP’s for similar applications
in areas within their original jurisdiction, and while they may not object to Newport Beach doing the
same, it is clearly inconsistent with the City’s certified Implementation Plan.
In Section 1.5 of the proposed resolution (page 11 of the PDF staff report, which seems to be
lacking handwritten sequential page numbers), staff cites the reasons for which it believes a CDP
could be justified, if one had been asked for, but begins by saying a CDP is not necessary because
of the “Repair and Maintenance” exemption of IP “Section 21.50.035(C)(4)” [sic]1.
The “Repair and Maintenance” exemption is clearly inapplicable. The existing facility is a City
streetlight. There is no allegation that either the pole or the light fixture is broken. So it is not being
“repaired.” Likewise, the intended purpose of a streetlight is to provide light on streets. The present
proposal is not for any “maintenance” necessary to continue the existing facility’s function, or even
to upgrade the lighting to a more modern standard. It is, instead, a request to add an entirely new
and possibly controversial use to an entirely new pole, as evidenced by the need for a MUP.
Moreover, and as previously indicated, staff’s tortured interpretation of the “Repair and
Maintenance” exemption is contravened by the explicit requirement for a CDP in the IP (NBMC
Title 21), which is the same as the requirement for a MUP in Title 20.
Not only does IP Subsection 21.49.020.C list the telecom applications exempt from a CDP
requirement (and this is not among them), but (as staff acknowledges with regard to the parallel
Title 20), Subsection 21.49.030.F.3 lists this as a Class 3 (Public Right-of-Way Installation) facility,
for which Section 21.49.020 says “B. Permit and Agreement Required. Prior to installation or
modification of any telecom facility in the City, the applicant shall obtain a coastal development
permit that is consistent with the provisions of this Local Coastal Program.”
While it is true that in defining the term “Wireless Tower,” Subsection 21.49.030.R says “For an
example only, a prior-existing streetlight standard which is replaced with a new streetlight standard
to permit the addition of antennas shall not be considered a wireless tower, but rather a
replacement streetlight standard,” not being a “Wireless Tower” does not exempt the application
from needing a CDP. Indeed, the term “Wireless Tower” is used only in defining Class 2 (Visible
1 There is no such section. The reference is presumably to Subsection 21.52.035(C)(4).
Zoning Administrator - May 28, 2020
Item No. 3b Additional Materials Received After Deadline
AT&T Small Cell SLC0902 Minor Use Permit (PA2019-113)
July 25, 2019, Zoning Administrator agenda Item 4 comments - Jim Mosher Page 2 of 2
Antennas) in Subsection 21.49.030.F.2. And, again, if this dicta about replacement streetlight
standards in Subsection 21.49.030.R in Title 21 could be read as exempting the present
application from the need for a CDP, then Subsection 21.49.030.R in Title 20 would exempt it from
the need for an MUP.
Staff does not make that claim, and instead, presumably, looks to Subsection 20.49.020.C for
exemptions to the Title 20 Wireless Telecommunications Facilities chapter. It needs to look to
Subsection 21.49.020.C for exemptions to the CDP requirement.
Why does this matter?
This is important because in Section 1.5 of the proposed resolution, staff acknowledges some
small cell installations could raise Coastal Act issues requiring a CDP, but reports as “facts” its
conclusions that given the particular circumstances of this application, this one does not.
The problem is the public has a right to challenge those conclusions. The ultimate challenge is
appeal to the Coastal Commission for their interpretation of the IP and the Coastal Act. But the
path to that appeal is through public consideration of a CDP. By bypassing the CDP entirely, and
neither granting one or formally waiving the requirement for one, the City’s conclusions about this
will not be reported to the CCC, it will not appear on their list of appealable actions, and the public’s
right of appeal, at least the normal one, will be foreclosed.
To further expand on this point, waiving the CDP requirement for "de minimis" development having
no potential to impact coastal resources (which is what staff evidently thinks this is) is allowed by IP
Section 21.52.055, but only for development outside the CCC appeal area.
This project is not eligible for a waiver since it is, according to the staff report, between the first
public road and the sea.
In fact, because of its location, it is specifically prohibited by IP Subsection 21.49.040.B.6.
Subsection 21.49.040.B says: “Telecom facilities are prohibited in the following locations: … 6.
Any beach or between the sea and first public road paralleling the sea, unless telecom facilities
are collocated on an existing utility tower within a utility easement area, or collocated on an existing
facility; or other existing building.”
The existing City streetlight is not a “utility tower” – defined in Subsection 21.49.030.Q as
“an open framework structure (see lattice tower) or steel pole used to support electric
transmission facilities.”
It is not an existing “facility” as defined in Subsection 21.49.030.O.
And it is not an existing “building,” defined in Subsection 21.70.020.B as “a structure having
a roof supported by columns or walls for the housing or enclosure of persons, animals,
chattels, or property of any kind. See “Structure.””
Since this wireless proposal meets none of the stated exceptions, it is not only not exempt
from the CDP requirement, but its construction is prohibited by the IP, whether or not it has
what staff regards as a significant visual or other impact.
In Section 1.4 of the proposed resolution, staff reaches a contrary conclusion, but that conclusion
is not supported by the plain reading of the IP.
Zoning Administrator - May 28, 2020
Item No. 3b Additional Materials Received After Deadline
AT&T Small Cell SLC0902 Minor Use Permit (PA2019-113)
From:Jim Mosher
To:CDD
Subject:Re: Someone else"s comment on ZA Item 3
Date:Wednesday, May 27, 2020 3:38:47 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Incidentally, last night the City Council received a comment which seems to have
been misaddressed to them, but which was really regarding tomorrow's ZA Item 3.
It has been archived here:
http://ecms.newportbeachca.gov/Web/0/doc/2509516/Page1.aspx
-- Jim
On Wednesday, May 27, 2020, 03:33:19 PM PDT, Jim Mosher <jimmosher@yahoo.com> wrote:
Please find attached "Option 2" comments on tomorrow's Zoning Administrator Items
1 & 3.
(sorry, I am still waking up from last night's Council meeting and just noticed the new
9:00 a.m. deadline for ZA comments ... I thought it was still 5:00 p.m. ...)
-- Jim Mosher
Zoning Administrator - May 28, 2020
Item No. 3b Additional Materials Received After Deadline
AT&T Small Cell SLC0902 Minor Use Permit (PA2019-113)
From:
Sent:
To:
Subject:
-----Original Message-----
Rieff, Kim
Tuesday, May 26, 2020 7:00 AM
Mulvey, Jennifer
FW: Agenda item #3
From: Gary Cruz <gcruz@ushandball.org>
Sent: Monday, May 25, 2020 9:30 AM
To: Dept -City Council <CityCouncil@newportbeachca.gov>
Subject: Agenda item #3
Received After Agenda
Printed May 26, 2020
Item No. Non-Agenda
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Dear City Council Members;
I believe there is a meeting soon about the installation of a WiFi tower near the Newport Island bridge. My wife and I
are not in favor of it. Besides being an eye soar, we are concerned that the installation of it, and should it need service,
will be a significant traffic concern as the bridge is the only access to and from the island. The increased use of that area
by kids, has become a bottleneck many hours of the day during the summer. With all the home construction and large
vehicles that accompany the projects, it seems to us, we need relief from additional projects rather than a new project.
We think there are better locations for the tower.
On a related note, we have been very concerned with all the kids congregating at that area as they jump off the bridge.
do know the police are trying to regulate it but they face an uphill battle. I have called it in a few times (especially when
the kids are a large group and park bikes in the street} and the police are very responsive. I also monitor the crime
reports and see that every day the police "advise" the kids. The other day I also noted that a citation was issued. Other
than installing some deterrent other than a sign, that is largely ignored, we feel citations rather than advisement is the
best solution.
Thanks for your service to the community.
Gary and Gina Cruz
503 38th St
1
Zoning Administrator - May 28, 2020
Item No. 3b Additional Materials Received After Deadline
AT&T Small Cell SLC0902 Minor Use Permit (PA2019-113)