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HomeMy WebLinkAbout03_AT&T Small Cell SLC0007 Minor Use Permit and CDP_PA2019-150CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT September 10, 2020 Agenda Item No. 3 SUBJECT: AT&T Small Cell SLC0007 (PA2019-150)  Minor Use Permit No. UP2019-043  Coastal Development Permit No. CD2020-120 SITE LOCATION: Public right-of-way, City streetlight number SLC0007, parkway south of Ocean Boulevard at the intersection of Channel Road and Ocean Boulevard APPLICANT: New Cingular Wireless, LLC CARRIER: AT&T Mobility OWNER: City of Newport Beach PLANNER: Patrick Achis, Assistant Planner 949-644-3237, pachis@newportbeachca.gov LAND USE AND ZONING • Public Right-of-Way (ROW) PROJECT SUMMARY A request for a minor use permit (MUP) and coastal development permit (CDP) to allow the installation of a small cell wireless facility on a City-owned streetlight pole. Project implementation will be fully contained within a parkway located south of Ocean Boulevard at the intersection of Channel Road and Ocean Boulevard. The project 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 33 feet, 9 inches; and (3) Establishment of support equipment below grade. 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 Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the 1 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. UP2019-043 and Coastal Development Permit No. CD2020-120 (Attachment No. ZA 1). BACKGROUND Small Cell Wireless Facilities and the City • 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 new equipment to allow for the transmission of more data. Wireless data demand 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 new 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 residents, businesses, and visitors demand. • The City of Newport Beach’s (“City”) regulatory review of wireless telecom siting is 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 wireless telecommunications facilities. 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 accelerated timelines for processing small wireless facility applications at the local level. It also limited the City’s 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 (“MLA”) (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. AT&T is responsible for all 2 AT&T Small Cell SLC0007 (PA2019-150) Zoning Administrator, September 10, 2020 Page 3 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 practices, including safety, accessibility, environmental impact, land use, and aesthetics. However, 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 radio frequency emissions. PROJECT SETTING AND DESCRIPTION City of Newport Beach Streetlight No. SLC0007 is located on the Newport Peninsula within a parkway south of the Channel Road and Ocean Boulevard intersection. Abutting land uses are R-1 (Single-Unit Residential), except for a City- owned, coastal view park to the east, known as West Jetty View Park. 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 “materially [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 “not regulate the placement, construction or modification of wireless service facilities in a manner that prohibits the provision of personal wireless services.” Although not required, the Applicant produced a coverage map for the project (Attachment No. ZA 4). This map indicates the proposed facility would boost the supply of capacity and coverage in the vicinity. Streetlight No. SLC0007 serves as a part of the City’s existing streetlight inventory. AT&T proposes to: (1) Remove and replace an existing City streetlight; (2) install 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 33 feet, 9 inches; and (3) Establish of support equipment below grade. Please see the Applicant’s Project Description and Justification as Attachment No. ZA 5. 3 AT&T Small Cell SLC0007 (PA2019-150) Zoning Administrator, September 10, 2020 Page 4 For safety and circulation of the area during construction, Condition of Approval No. 38 included within the draft resolution requires traffic control plans illustrating compliance with the 2016 WATCHBook (temporary traffic control guidelines in construction work areas) to be reviewed and approved by the Public Works Department prior to the issuance of any building permit. 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. Figures 1 and 2 on the next page depict the existing and proposed site conditions. Remainder of This Page Intentionally Left Blank 4 AT&T Small Cell SLC0007 (PA2019-150) Zoning Administrator, September 10, 2020 Page 5 Figure 1. Existing view from southeast corner of Channel Road street end. Figure 2. Rendering of view from the southeast corner of the Channel Road street end, showing the replaced streetlight pole, antenna, equipment shroud, and below- grade equipment vaults. 5 AT&T Small Cell SLC0007 (PA2019-150) Zoning Administrator, September 10, 2020 Page 6 CONSISTENCY ANALYSIS Council Policy Manual 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 General Plan Natural Resources Goal NR 21 and LCP Policy 4.4.4-1 recommends “minimized visual impacts of signs and utilities.” The proposed design is consistent with these requirements 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. 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. 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 visitors 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 to and accept future technologies, such as 5G, and will help meet local demand and sustain the livability of the area. 6 AT&T Small Cell SLC0007 (PA2019-150) Zoning Administrator, September 10, 2020 Page 7 Zoning Code, Local Coastal Program and Implementation Plan Newport Beach Municipal Code (NBMC) Chapters 20.49 and 21.49 (Wireless Telecommunication Facilities) outline 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 are a Class 3 specification (Public Right-of-Way Installations) and require the Applicant to obtain a Minor Use Permit from the Zoning Administrator (NBMC Section 20.49.060 [Permit Review Procedures]). NBMC Subsection 21.49.040(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) and 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. The project is located within the Coastal Zone. Subsection 21.49.020(B) (Permit and Agreement Required) of the NBMC requires a coastal development permit for any wireless telecommunication facility unless said facility is exempted by Subsection 21.49.020(C) (Exempt Facilities). In this case, the project does not meet any of the prescribed exemptions; therefore, a coastal development permit is required. The project was reviewed for consistency with the Public View Protection regulations of Section 21.49.050(B) (Public View Protection) of the NBMC. The site is located adjacent to a public view point and public view as identified on the Coastal Land Use Plan Map 4-3 (Coastal Views). NBMC Section 20.49.050 and 21.49.050 (General Development and Design Standards) require projects to be visually compatible with surrounding structures. In reviewing this application, the Zoning Administrator shall consider the proposed facility’s 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 could 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 33 feet, 9 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 7 AT&T Small Cell SLC0007 (PA2019-150) Zoning Administrator, September 10, 2020 Page 8 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. The existing development surrounding the subject parkway on Channel Road is residential except for West Jetty View Park to the east and southeast, which is zoned for parks and recreation. The zoning designations are R-1 (Single-Unit Residential) and Parks and Recreation (PR) respectively. The height of the replacement streetlight with proposed equipment will not exceed the height limitation of 35 feet and is not anticipated to dominate the streetscape. 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. Analysis of Coastal Views and Access The subject location is between the first public roadway paralleling the sea and the sea and is adjacent to the viewshed of a public viewpoint at West Jetty View Park, as identified on the Coastal Land Use Plan Map 4-3 (Coastal Views). Site evaluation revealed that the proposed project is consistent with the surrounding development context and will not affect the existing views afforded from West Jetty View Park. NBMC Chapter 21.49.040 (Telecom Facility Preferences and Prohibited Locations) allows new telecom facilities located on the sea and first public road paralleling the sea when said facilities are on an existing utility tower. The project scope involves the removal and replacement of an existing City streetlight in the same location with the same luminaire height and it complies with all applicable development standards. West Jetty Park is approximately 40 to 50 feet in width and improved with public benches and landscaping that orients and frames views toward the Newport Bay and not over the subject site. Consistent with Local Coastal Plan (LCP) Policies 4.4.1-1, 4.4.1-7, and 4.4.4-1, design elements of the project help to minimize impacts to coastal resources and protect the visual quality of the coastal zone. Within the surrounding residential context, the replacement streetlight is consistent with the size, shape, style, and design of the existing pole and other poles in the vicinity. The proposed replacement streetlight and antenna structure will comply with the maximum allowable height limit of 35 feet from existing finished grade. The location of the existing streetlight pole would not change and, aside from the approximately 6-foot height extension for the antenna shroud and minimum required signage, there are no other detectable changes to the visual environment. The streetlight is located within a parkway and separated from the adjacent residence by approximately seven feet of landscaping and a concrete public sidewalk. There are other City streetlights, street signs, and wayfinding signs 8 AT&T Small Cell SLC0007 (PA2019-150) Zoning Administrator, September 10, 2020 Page 9 common to City streetscapes along Channel Road. Unlike other streetscapes, this corridor on Channel Road is unique given that it contains one of the City ’s three tsunami sirens. (See Figure 3 below for a visual of existing site conditions.) Parkways on either side of Channel Road are landscaped with a series of mature palm trees that vary in height and species. On the project side of Channel Road, there are three parkways with a total of four mature palm trees averaging 45 feet in height. While the existing streetlight pole is slightly staggered, it follows the existing pattern of palm trees. In this way, the proposed project and associated equipment is anticipated to coordinate well into the existing streetscape and surrounding visual context of the environment. Figure 3. View of existing conditions facing south on Channel Road, toward the beach There will be no negative impacts on coastal views or coastal resources with the project’s implementation. There will be no changes or obstructions to the pedestrian right-of-way and access on Channel Road will be unaffected. As such, the project will not affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. Existing SLC0007 to be removed and replaced in same location Existing tsunami warning system West Jetty View Park 9 AT&T Small Cell SLC0007 (PA2019-150) Zoning Administrator, September 10, 2020 Page 10 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 rules and regulations, including those related to FCC Radio Frequency safety. ALTERNATIVE SITES CONSIDERED Site alternatives 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). Existing right-of-way infrastructure options located off Channel Road in the interior streets of the residential community consist of small upright luminaire poles, which stand slightly taller than the height of a stop sign at 8 feet. These luminaire poles are not viable alternative locations because of the design constraints, visual compatibility with surrounding infrastructure, and the fact that the existing height would dramatically increase by nearly 25 feet. The Applicant studied City Streetlight Nos. SLC0005, SLC0006, SLC0008 as Alternative Site No. 1, 2, 3. These alternative sites are all located in West Jetty View Park. SLC0005 is located approximately 130 feet south of the proposed streetlight, SLC0006 is located approximately 55 feet southeast, and SLC0008 is approximately 110 feet northwest. Installation of the small cell in these locations would require major trenching within the park lawn and landscape area. Alternative sites 1, 2, and 3 would be in the direct viewshed of the identified protected public viewpoint, resulting in an adverse visual impact to coastal views. It should be noted that City staff was not supportive of locating the proposed facility on these streetlights and agrees with the Applicant’s conclusion that these are not viable sites. Staff’s review of the subject area did not identify any additional alternative sites to be studied. AT&T explored the alternative of constructing an entirely new streetlight pole in the vicinity, but this was not possible for several reasons. The first being that NBMC Sections 20.40.040 and 21.49.040 (Telecom Facility Preferences and Prohibited Locations) prohibit new telecom facilities located on the sea and first public road paralleling the sea, unless telecom facilities are on an existing utility tower; no new utility infrastructure would be allowed in order to install the proposed facility. The Public Works Department, General Plan Policy NR 21, and LCP Section 4.4.4-1 prohibit new vertical intrusions in the right-of-way. Thirdly, new vertical intrusions 10 AT&T Small Cell SLC0007 (PA2019-150) Zoning Administrator, September 10, 2020 Page 11 within the AT&T’s target area are more visually disruptive to the existing environment. The Applicant’s analysis concluded that a more preferred location as defined by NBMC Subsection 21.49.040(A) (Preferred Locations), such as a collocation or a Class 1 or 2 facility, would not be technically feasible from a coverage or construction perspective. 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. PUBLIC NOTICE Notice of this application was published in the Daily Pilot, mailed to all owners of property and 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. Although not required, a courtesy notice was mailed to residential occupants living within the aforementioned radius. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. 11 AT&T Small Cell SLC0007 (PA2019-150) Zoning Administrator, September 10, 2020 Page 12 APPEAL PERIOD: This action shall become final and effective 14 days following the date the Resolution is adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 (Local Coastal Implementation Plan) of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: BMZ/pda Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Alternative Locations Studied and Rejected ZA 4 Coverage Maps ZA 5 Applicant’s Project Description and Justification ZA 6 Photographic Visual Simulations ZA 7 Project Plans 12 Attachment No. ZA 1 Draft Resolution 13 RESOLUTION NO. ZA2020-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR USE PERMIT NO. UP2019-043 AND COASTAL DEVELOPMENT PERMIT NO. CD2020-120 FOR A SMALL CELL WIRELESS FACILITY LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY ON CITY STREETLIGHT NUMBER SLC0007, WITHIN A PARKWAY, SOUTH OF OCEAN BOULEVARD AT THE INTERSECTION OF CHANNEL ROAD AND OCEAN BOULEVARD(PA2019-150) 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 SLC0007, located within the public right-of- way on City streetlight number SLC0007, with the parkway south of Ocean Boulevard at the intersection of Channel Road and Ocean Boulevard. 2. The Applicant requests a minor use permit and coastal development permit to install small cell wireless facility on a City-owned streetlight pole. Project implementation will be fully contained within a parkway located south of Channel Road and Ocean Boulevard. The project 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 33 feet, 9 inches; and (3) Establishment of support equipment below grade. 3. The streetlight pole 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 is located within the Coastal Zone. Subsection 21.49.020(B) (Permit and Agreement Required) of the NBMC requires a coastal development permit for a wireless telecommunication facility unless said facility is exempted by Subsection 21.49.020(C) (Exempt Facilities). In this case, the Project does not meet any of the prescribed exemptions; therefore, a coastal development permit is required. 5. A telephonic public hearing was held online on September 10, 2020, observing restrictions due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the hearing was 14 Zoning Administrator Resolution No. ZA2020-### Page 2 of 16 01-25-19 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 cell 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. 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. SLC0007 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 15 Zoning Administrator Resolution No. ZA2020-### Page 3 of 16 01-25-19 locations for siting wireless telecommunications equipment in the ROW. Streetlights are eligible for telecom use, subject to entitlements (such as the subject request), yearly rent, and a license agreement. 2. The City of Newport Beach General Plan (“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 the small cell 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 visitors 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 to and accept future technologies, such as 5G, and will help meet local demand and sustain the livability of the area. 5. City streetlight Number SLC0007 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, which is hereby incorporated by reference. 2. Wireless telecommunication facilities are regulated by NBMC Chapter 20.49 (Wireless Telecommunication Facilities). Small cell equipment in the ROW assigns the project a Class 3 specification (Public Right-of-Way Installations) and requires the Applicant to 16 Zoning Administrator Resolution No. ZA2020-### Page 4 of 16 01-25-19 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) and 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 facility’s 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 could 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 33 feet, 9 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. 5. The existing development surrounding the subject parkway on Channel Road is residential with the exception of West Jetty View Park to the east/southeast which is zoned for parks and recreation. The zoning designations are R-1 (Single-Unit Residential) and Parks and Recreation (PR) respectively. The height of the replacement streetlight with proposed equipment will not exceed the height limitation of 35 feet and is not anticipated to dominate the streetscape. 6. The streetlight SLC0007 is located within a parkway and separated from the adjacent residence by approximately seven feet of landscape and concrete public sidewalk. There are other City streetlights, street signs, and wayfinding signs common to City streetscapes adorning Channel Road. Unlike other streetscapes, this corridor on Channel Place is unique insofar as it contains one of the City’s three tsunami sirens. Parkways on either side of Channel Road enjoy a series of mature palm trees that vary in height and species. On the project side of Channel Road, there are three parkways with a total of four mature palm trees averaging 45 feet tall. While the existing streetlight pole is slightly staggered, it follows the existing pattern of palm trees. In this way, the subject streetlight’s location would serve to integrate the antenna shroud into the visual 17 Zoning Administrator Resolution No. ZA2020-### Page 5 of 16 01-25-19 context of the environment. For the reasons listed above, the proposed streetlight and associated equipment is anticipated to coordinate well into the existing streetscape. 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 Project 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. SLC0007 serves as a part of the City’s existing streetlight inventory. The Applicant proposes to remove and replace SLC0007 with a new streetlight in the same location while maintaining the existing luminaire heights of 27 feet, 11 inches. The telecommunications equipment will be installed on top of the new streetlight pole resulting in an overall height of 33 feet, 9 inches. All supporting equipment will be installed below-grade adjacent to the streetlight, within the public right- of-way. 2. The replacement streetlight pole design is consistent with the size, shape, style, and design of that existing, including the attached light arms and luminaire sensors. 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. 3. 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. 4. Under FCC Orders, 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 “materially [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 “not regulate the placement, construction or modification of wireless service facilities in a manner that prohibits the provision of personal wireless services.” Although 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. 18 Zoning Administrator Resolution No. ZA2020-### Page 6 of 16 01-25-19 5. See Facts in Support of Finding B.4, B.6, and B.7, which are hereby incorporated by reference. 6. The proposed facility will be unmanned, will have no impact on the circulation system, and, designed and 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. 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.6, B.7, B.8, and B.9, which are hereby incorporated by reference. 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 19 Zoning Administrator Resolution No. ZA2020-### Page 7 of 16 01-25-19 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 to B.7, which are hereby incorporated by reference. 2. There are other City streetlights, street signs, and wayfinding signs common to City streetscapes along Channel Road. Unlike other streetscapes, this corridor on Channel Road is unique given that it contains one of the City s three tsunami sirens. Parkways on either side of Channel Road are landscaped with a series of mature palm trees that vary in height and species. On the project side of Channel Road, there are three parkways with a total of four mature palm trees averaging 45 feet in height. While the existing streetlight pole is slightly staggered, it follows the existing pattern of palm trees. In this way, the proposed project and associated equipment is anticipated to coordinate well into the existing streetscape and surrounding visual context of the environment. 3. Alternative sites studied that are located farther from the residential district and/or West Jetty View Park are not feasible to fulfill the coverage needs that installation at the proposed site provides. 4. 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. 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 33-foot, 9-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. 20 Zoning Administrator Resolution No. ZA2020-### Page 8 of 16 01-25-19 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 Facts in Support of Finding C.2 and C.4. 2. Three (3) alternative existing streetlights neighboring the project were identified and investigated by the Applicant, but these sites were found not practicable. 3. AT&T studied City Streetlight No. SLC0005, SLC0006, SLC0008 as Alternative Site Nos. 1, 2, 3. These alternative sites are all located in West Jetty View Park. SLC0005 is located approximately 130 feet south of the proposed streetlight, SLC0006 is located approximately 55 feet southeast, and SLC0008 is approximately 110 feet northwest. Installation of the small cell in these locations would require major trenching within the park lawn and landscape area. Alternative sites 1, 2, and 3 would be in the direct viewshed of the identified protected public viewpoint, resulting in an adverse visual impact to coastal views. 4. The Applicant studied City Streetlight Nos. SLC0005, SLC0006, SLC0008 as Alternative Site No. 1, 2, 3. These alternative sites are all located in West Jetty View Park. SLC0005 is located approximately 130 feet south of the proposed streetlight, SLC0006 is located approximately 55 feet southeast, and SLC0008 is approximately 110 feet northwest. Installation of the small cell in these locations would require major trenching within the park lawn and landscape area. Alternative sites 1, 2, and 3 would be in the direct viewshed of the identified protected public viewpoint, resulting in an adverse visual impact to coastal views. It should be noted that City staff was not supportive of locating the proposed facility on these streetlights and agrees with the Applicant’s conclusion that these are not viable sites. Staff s review of the subject area did not identify any additional alternative sites to be studied. 5. 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. Small cell facilities use an omnidirectional antenna that propagates in 360 degrees and function most efficiently on an unobstructed, vertical, structure such as a streetlight or utility pole. 21 Zoning Administrator Resolution No. ZA2020-### Page 9 of 16 01-25-19 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. Fact in Support of finding C.4 is incorporated by reference. 2. The Applicant’s analysis concluded that a more preferred location as defined by NBMC Subsections 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. Coastal Development Permit In accordance with Subsection 21.52.015(F) (Coastal Development Permits, Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: J. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The project is considered a Class 3 (Public Right-of-Way) installation. Section 21.49.040 (Telecom Facility Preferences and Prohibited Locations) of the NBMC lists Class 3 installations as third on the installation preference list. NBMC Chapter 21.49.040(B) (Telecom Facility Preferences and Prohibited Locations) allows new telecom facilities located on the sea and first public road paralleling the sea when said facilities are on an existing utility tower. 2. See Fact in Support of Finding I.2. 3. The subject location is between the first public roadway paralleling the sea and the sea and is adjacent to the viewshed of a public viewpoint at West Jetty View Park, as identified on the Coastal Land Use Plan Map 4-3 (Coastal Views). Site evaluation revealed that the proposed project is consistent with the surrounding development context and will not affect the existing views afforded from West Jetty View Park. The project scope involves the removal and replacement of an existing City streetlight in the same location with the same luminaire height and it complies with all applicable development standards. West Jetty Park is approximately 40 to 50 feet in width and 22 Zoning Administrator Resolution No. ZA2020-### Page 10 of 16 01-25-19 improved with public benches and landscaping that orients and frames views toward the Newport Bay and not over the subject site. 4. Consistent with Local Coastal Plan (LCP) Policies 4.4.1-1, 4.4.1-7, and 4.4.4-1, design elements of the project help to minimize impacts to coastal resources and protect the visual quality of the coastal zone. Within the surrounding residential context, the replacement streetlight is consistent with the size, shape, style, and design of the existing pole and other poles in the vicinity. The proposed replacement streetlight and antenna structure will comply with the maximum allowable height limit of 35 feet from existing finished grade. The location of the existing streetlight pole would not change and, aside from the approximately 6-foot height extension for the antenna shroud and minimum required signage, there are no other detectable changes to the visual environment. 5. See Fact in Support of Finding F.2. 6. The proposed replacement streetlight and antenna structure will comply with the maximum allowable height limit of 35 feet from existing finished grade. 7. There will be no changes or obstructions to the pedestrian right-of-way and access on Channel Road will be unaffected. As such, the project will not affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. Finding: K. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone . Facts in Support of Finding: 1. Streetlight No. SLC0007 is located between the nearest public road and the sea or shoreline. The project site is within an parkway on Channel Road. All equipment will be either concealed within the replacement pole or vaulted below grade. Vertical access to the beach is provided by way of street-ends in the area, including Channel Road. Lateral access along the beach provided on the beach itself and along the Oceanfront Boardwalk. The equipment will be below grade and will not impact any public way. 2. The project will allow the installation of a small cell facility that complies with all applicable Local Coastal Program (LCP) development standards and maintains development attributes consistent with the existing and anticipated future surrounding neighborhood pattern of development. Therefore, the project does not have the potential to degrade public views within the Coastal Zone. 23 Zoning Administrator Resolution No. ZA2020-### Page 11 of 16 01-25-19 SECTION 4. DECISION. 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 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. UP2019-043 and Coastal Development Permit No. CD2020-120, 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 Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. The project site is not located within the appeal area of the coastal zone; therefore, final action by the City may not be appealed to the California Coastal Commission. PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF SEPTEMBER, 2020. ______________________ Jaime Murillo, Zoning Administrator 24 Zoning Administrator Resolution No. ZA2020-### Page 12 of 16 01-25-19 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 approval. 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. No construction activity, including staging and/or storage, shall not occur within West Jetty View Park. To the greatest extent feasible, construction activities shall not block the public sidewalk or access immediately adjacent to SLC0007. 7. 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. 8. All accessory support equipment of this facility shall be installed underground. 9. All electrical and antenna wiring shall be fully encased within the reconstructed streetlight pole. 10. 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. 11. Anything not specifically approved by this permit is not permitted and must be addressed in a separate and subsequent review. 12. 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 33 feet, 9 inches (33’ 9”) in height from existing grade 25 Zoning Administrator Resolution No. ZA2020-### Page 13 of 16 01-25-19 (maximum elevation of 46.45 feet based on the North American Vertical Datum of 1988 [NAVD88]). 13. Prior to building permit issuance, all contractors and subcontractors shall have a valid City of Newport Beach business license. 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. “Comprehensive advanced planning and frequency coordination” 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. 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 the carrier in its Engineering and Maintenance Departments that is monitored 24 hours per day to ensure continuity on all interference issues, and to which interference problems may be reported. The name, telephone number, fax number, and 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. 26 Zoning Administrator Resolution No. ZA2020-### Page 14 of 16 01-25-19 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 illustrated in the approved photographic simulations and in conformance with NBMC Sections 20.49.050 and 21.49.050. 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 Chapters 20.49 and 21.49, 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. 27 Zoning Administrator Resolution No. ZA2020-### Page 15 of 16 01-25-19 30. Minor Use Permit No. UP2019-043 and Costal Development Permit No. CD2020-120 shall expire unless exercised within 24 months from the date of approval as specified in Sections 20.54.060 and 21.54.060 (Time Limits and Extensions) of the NBMC 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 approval 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 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. 35. 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. 36. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, 28 Zoning Administrator Resolution No. ZA2020-### Page 16 of 16 01-25-19 employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of AT&T Small Cell SLC0007, including, but not limited to, Minor Use Permit No. UP2019-043 and Coastal Development Permit No. CD2020-120 (PA2019-150). 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 37. Prior to the issuance of a building permit, an encroachment permit shall be required. 38. 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. 29 Attachment No. ZA 2 Vicinity Map 30 VICINITY MAP Minor Use Permit No. UP2019-043 Coastal Development Permit No. CD2020-120 (PA2019-150) Public right-of-way, City streetlight number SLC0007, parkway south of Ocean Boulevard at the intersection of Channel Road and Ocean Boulevard Subject Streetlight 31 Attachment No. ZA 3 Alternative Locations Studied and Rejected 32 33 34 35 36 37 38 39 40 41 Attachment No. ZA 4 Coverage Maps 42 43 44 45 Attachment No. ZA 5 Applicant s Project Description and Justification 46 Exhibit B New Cingular Wireless PCS, LLC d/b/a AT&T Mobility AT&T Site ID: HBNPB_047 and FA#14807376 In the Public Right-of-Way SLC0007 Newport Beach Project Narrative New Cingular Wireless PCS, LLC d/b/a AT&T Mobility (“AT&T”) is proposing to install 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 introduction of the iPhone in 2007, mobile data usage has increased 470,000% on its network. AT&T forecasts its customers’ growing demand for mobile data services to continue. 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 help 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. AT&T selected the proposed facility as the best available means to address its service objectives in this portion of the city. The overall site location and design will comply with applicable code provisions, General Plan, and other published siting guidelines. 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 on a replacement streetlight. For this small cell, AT&T proposes to install a 10-inch diameter omni-directional antenna and radios at the top of a replacement streetlight, fully concealed within a 12-inch diameter shroud. The concealment will be painted to match the final color of the aggregate concrete light pole. 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 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. PA2019-150 47 Exhibit B Page 2 of 3 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 base of the mono pole. 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). Installation 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. 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 removed promptly, and the facility kept clean and free of litter. Monitoring is typically done from AT&T’s PA2019-150 48 Exhibit B Page 3 of 3 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 Per the Newport Beach Municipal Code (NBMC) section 20.49.050 General Development and Design Standards, installations in the public right-of-way (Class 3) are the third preferred location for telecom facilities in the City. Collocation onto existing street infrastructure is the most preferred alternative design. 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 in the service coverage gap. 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 discouraged. 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 with a minimal environmental and aesthetic footprint. Node HBNPB_047 will help AT&T close a significant gap in service coverage in this area of the City by the least intrusive means. The proposed Node is located near the terminus of Channel Road between E. Ocean Boulevard and E. Oceanfront. The area is comprised of single-family residential homes and West Jetty View Park. AT&T proposes to use existing street infrastructure for installation of its telecommunication “small cell” facility. No viable alternative locations options exist near this proposed location. The existing right-of-way infrastructure consist of small upright luminaire poles which are not viable locations. The other surrounding light poles in the area are within the existing park and appear to be too short to meet AT&T’s design criteria. Another alternative light pole is located approximately 130 feet south of the proposed node; however, it appears to be within private property. Node HBNPB_047 is the best available means to help AT&T provide and improve critical wireless services in the surrounding areas, adding low-power, low-profile equipment to utility infrastructure in the public right- of-way. The antenna and equipment will be nicely concealed above the replaced streetlight pole. PA2019-150 49 Attachment No. ZA 6 Photographic Visual Simulations 50 51 52 53 Attachment No. ZA 7 Project Plans 54 55 56 57 58 59 60 61 62 63 64