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HomeMy WebLinkAbout4.0_AT&T Small Cell SLC0902 Appeal_PA2019-113 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT October 22, 2020 Agenda Item No. 4 SUBJECT: AT&T Small Cell SLC0902 Appeal (PA2019-113) ƒ Coastal Development Permit CD2020-119 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 PROJECT SUMMARY An appeal of the Zoning Administrator’s August 27, 2020, decision to approve a coastal development permit (CDP) to allow the installation of telecommunications equipment for 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 de novo 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 Resolution No. PC2020-034 upholding the decision of the Zoning Administrator and approving Coastal Development Permit CD2020-119 with the attached Findings and Conditions (Attachment PC 1). 1 INTENTIONALLY BLANK PAGE2 AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission, October 22, 2020 Page 2 VICINITY MAP COASTAL LAND USE PLAN COASTAL ZONING LOCATION COASTAL LAND USE COASTAL ZONING CURRENT USE ON-SITE N/A N/A Public right-of-way NORTH RT-D (Two-Unit Residential) – (20.0 – 29.9 DU/AC) PR (Parks and Recreation) R-2 (Two-Unit Residential) PR (Parks and Recreation) Single- and two-unit residences Newport Island Park SOUTH RT-D RSD-D (Single-Unit Residential Detached) – (20.0 – 29.9 DU/AC) R-2 R-1 (Single-Unit Residential) Single- and two-unit residences WEST/EAST RT-D R-2 Single- and two-unit residences Streetlight SLC0902 3 INTENTIONALLY BLANK PAGE4 AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission, October 22, 2020 Page 3 INTRODUCTION 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 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 the proposed, is being deployed across the country as a new solution to resolve soaring data demand and to make coverage more reliable. In contrast to traditional macro wireless sites (i.e., cell towers), small cells can deliver a stronger signal over a small radius by the means of minimal equipment on existing infrastructure. The result is limited visual intrusion and 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 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 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. The MLA approved conceptual designs, fee and rent assessment., 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 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 facilities on the basis of the perceived health effects of radio frequency (RF) emissions to the extent that the proposed 5 AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission, October 22, 2020 Page 4 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. 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 r equired, the applicant produced a coverage map for the project (Attachment PC 7). This map indicates the proposed facility would boost the capacity and coverage in the vicinity. Project Setting The proposed project is located on City Streetlight SLC0902. The streetlight 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 65 feet wide at its base that abuts a canal of Newport Harbor that surrounds Newport Island. Beyond this parcel to the northwest is a block of two-unit residential development. As the streetlight is located within the public right-of- way, it does not have any land use desgination or zoning district. 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). Project Description The applicant seeks a CDP to allow the installation of telecommunications equipment for a small cell wireless facility on the 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. The proposed facility is a stealth facility as defined under Newport Beach Municipal Code (NBMC) Section 21.49.030(M). The project is designed to be as visually inconspicuous as possible with all equipment, cables, and antennas screened from view. The proposed location was selected by the applicant because it has the necessary utilities readily available, is feasible from a signal propagation perspective, is free of obstructions (such as dense trees), has a good line of site to meet coverage objectives, and is as outside of 6 AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission, October 22, 2020 Page 5 any public view corridors. The existing streetlight and proposed project are depicted in Figure No. 1 below. Figure 1, Existing rendering (top) with proposed rendering (bottom) showing the replaced streetlight pole, antenna, equipment shroud, and below-grade equipment handholes. Existing Proposed 7 AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission, October 22, 2020 Page 6 Construction of the proposed project will take approximately 30 days. Existing underground fiber connections will be utilized whenever possible and directional boring will be employed when appropriate to minimize open trenching and disturbance. Maintenance of the unmanned facility is not expected to create any congestion and maintenance activity is expected to be 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 remotely and, if necessary, a site visit to change any radio equipment will be coordinated with the City through the appropriate process. Project Background and Appeal Pursuant to Section 20.49.060 (Permit Review Procedures), a minor use permit is also required for a small cell wireless facility installation within the public right-of-way. A public hearing was held on May 28, 2020. After considering all evidence, both written and oral, the Zoning Administrator adopted Resolution No. ZA2020-047 approving Minor Use Permit UP2019-032 for the project. The designated appeal period expired in accordance with Section 20.64.030 (Filing and Processing of Appeals and Calls for Review) of the NBMC and UP2019-034 became effective. The project is located within the Coastal Zone. Subsection 21.49.020(B) (Permit and Agreement Required) of the NBMC requires a CDP for a wireless telecommunication facility unless said facility is exempted by Subsection 21.49.020(C) (Exempt Facilities). After the initial request came before the Zoning Administrator, staff determined the project does not meet any of the prescribed exemptions and, therefore, a coastal development permit is required. As such, the applicant revised the request to include the CDP. On August 27, 2020, the Zoning Administrator conducted a public hearing and adopted Resolution No. ZA2020-057 to approve the applicant’s request for the CDP (Attachment No. PC 3). The approved minutes from this hearing are attached as Attachment PC 4. During the meeting, one member of the public spoke in opposition to the project. Mr. Jim Mosher expressed concern that the proposed location is more impactful to visual resources in the coastal zone given its proximity to the canal and nearby parks. He stated his belief that one of the alternative sites within the residential neighborhood would be superior due to a lessened impact to public views. On September 9, 2020, Mr. Mosher filed an appeal of the Zoning Administrator’s decision primarily citing an inadequate consideration of alternative locations (Attachment PC 2). Pursuant to NBMC Section 21.64.030(C)(3) (Conduct of Hearing), a public hearing on a call for review is conducted “de novo,” meaning that it is a new hearing. The prior decision of the Zoning Administrator to approve Coastal Development Permit CD2020-119 has no force or effect. The Planning Commission is not bound by the Zoning Administrator’s prior decision. 8 AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission, October 22, 2020 Page 7 Analysis Coastal Land Use Plan and Local Coastal Program Implementation Plan The project site is located within the public right-of-way and does not have a Coastal Land Use General Plan Land Use Designation or a Coastal Zoning district. The project is regulated by Council Policy L-23 (Siting of Wireless Telecommunications Equipment on City-Owned Property) and NBMC Chapter 21.49 (Wireless Telecommunication Facilities). NBMC Chapter 21.49 outlines State- and Federal-compliant telecommunication facility development standards and details permit procedures based on facility “Class.” The Class of a wireless facility is characterized by its installation type and location. 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), Class 3 (Public Right-of-Way); and (4) Class 4 (Freestanding Structure). Small cell facilities located on City-owned streetlights in the ROW is a Class 3 specification (Public Right-of-Way Installations). 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 area. The abutting residential zones do not allow wireless telecommunications facilities and the applicant indicates they were not left with any viable options to meet their business objectives to provide enhanced coverage and capacity in this challenging area. NBMC Section 21.49.050 (General Development and Design Standards) requires projects to be visually compatible with surrounding structures. 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. 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 existing finish grade to the top of the proposed facility complies with the 35-foot maximum height allowed. Equipment not contained within the shroud on the streetlight pole would be out of sight, located below the ground in the adjacent right-of-way. 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 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. 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 9 AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission, October 22, 2020 Page 8 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. 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 underground. All transmission equipment, including remote radio units, cables, and the raycap disconnect switch, are fully concealed within a screening shroud and pole. Photographic visual simulations of the facility, depicting the existing and proposed conditions, have been prepared by the applicant and are included as Attachment PC 7. The project was reviewed for consistency with the Public View Protection regulations of Section 21.49.050(B) (Public View Protection) of the NBMC. This section requires that all telecom projects comply with 21.30.100 (Scenic and Visual Quality Protection). In general, telecom facilities should be located outside of any public viewshed to or along the ocean, bay, beach or coastal bluffs. The subject location is located between the first public roadway paralleling the sea and the sea; however, it is not on a coastal bluff or canyon or public accessway, as identified on the Coastal Land Use Plan Map 4-3 (Coastal Views), and does not contain significant natural landforms or vegetation. Although the project site may be visible from Newport Island Park approximately 175 feet northwest, as well as the Rive Alto canal, the replacement streetlight pole will be placed in the same location as the existing streetlight pole. The shroud on top is not anticipated to be highly noticeable from any vantage point at the park or on the water, especially given that there are existing taller palm trees immediately surrounding the proposed site. These trees will serve to mask the facility and its additional height. The project also will not be visible from 38th Street Park, which is located approximately 175 feet southwest of the site with two rows of residential development in between. While it may be visible from the Lake Street Park, across 38th Street to the east, views from this park are towards the canal looking down the Rialto, such that the project will have no negative impacts on said views. The existing and replacement streetlight poles are not and will not significantly impact the view or character of the entrance and exit point to Newport Island, as seen when crossing the bridge. Additionally, while the facility will be visible from Newport Island Park, the project location is on the opposite side of the waterway with homes behind it ensuring the facility will blend into the backdrop given the distance (pictured right). The existing decorative acorn-style streetlamps that are situated at a lower height, will not be impacted, and will still SLC0902 10 AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission, October 22, 2020 Page 9 frame the entrance to Newport Island. The visual character and charm of the area will be maintained and is not expected to be negatively impacted by the project based on a visual impact analysis shown in the project renderings. Lastly, the project will not affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. The existing pedestrian right-of-way will not be impeded with project implementation. Alternative Sites Considered After a thorough review of the area, the applicant concluded that an NBMC Subsection 21.49.040(A) (Preferred Locations) preferred location (i.e. 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 area. Further, this type of service cannot be accomplished with a traditional macro collocation or building mounted site, as it is focused to fill a coverage gap for the area and there are no viable buildings in the area. The applicant also evaluated three nearby streetlights as possible alternate locations for this small cell facility. Each location is depicted below in Figure 2. ALTERNATIVE SITE NO. 3 ALTERNATIVE SITE NO. 2 ALTERNATIVE SITE NO. 1 PROPOSED SITE Figure 2, On this aerial map, AT&T’s proposed small cell location is designated by a red marker and the alternative sites are identified by yellow markers. 11 AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission, October 22, 2020 Page 10 Alternative Site No. 1 at City Streetlight SLC0903 (pictured right) 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 landscape buffer. 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. Additionally, this alternative would be less desirable, as there are no softening features that would help blend the facility into the streetscape. Alternative Site No. 2 at City Streetlight SLC0901 (pictured right) 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. Additionally, this alternative would be less desirable, as there are no softening features that would help blend the facility into the streetscape. 12 AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission, October 22, 2020 Page 11 Alternative Site No. 3 at City Streetlight SLC0904 (pictured right) 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. Additionally, this alternative would be less desirable, as there are minimal softening features that would help blend the facility into the streetscape. The applicant’s analysis also 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 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. The applicant indicates that each alternative location reviewed meets most of their coverage objectives; however, the proposed location is superior by comparison. Summary The appeal filed by Mr. Jim Mosher focuses on an alleged insufficient consideration of alternative locations or collocation with existing telecoms in the vicinity. The existing streetlight serves as a part of the City’s inventory and the replacement streetlight pole design is consistent with the size, shape, style, and design of that existing, including the attached light arm and luminaire. Maintaining the same luminaire height as the existing streetlight pole will help to ensure visual continuity on the streetscape corridor with respect to light standard design. The only noticeable difference will be the added antenna screening shroud extending above the pole. All proposed transmission equipment, cables, and antennas will be fully concealed within a screening shroud. The project site is located within a landscaped parkway area adjacent to a vacant City-owned parcel of land that serves separated from nearby residential structures. The taller palm trees serve to soften the facility’s appearance to blend the facility consistent with NBMC 13 AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission, October 22, 2020 Page 12 Chapter 21.49. Furthermore, the project site is the least impactful to pedestrian rights-of- way in the area. While alternative sites were considered for the project, the proposed location was ultimately found to best meet the project objectiv es and City regulations. Additionally, the proposed site provides greater separation from residences and impacts to public views will be minimal. Lastly, there were no opportunities for colocation within the area. Staff believes all the project meets all findings required under Title 21 (Local Coastal Program Implementation Plan) of the NBMC. As such, staff recommends approval of the project thereby upholding the Zoning Administrator’s August 27, 2020 decision. Alternatives If the Planning Commission finds the facts do not support the required findings for approval of the CDP application, the Planning Commission should articulate the reasons for the action and direct staff to prepare a resolution that will be brought back to the Commission at future meeting. Should the Commission believe an alternative site is more suitable for the proposed facility, then the Commission should deny the application without prejudice to allow the applicant to pursue an identified alternative location. An alternative location cannot be approved at this meeting and a new application will need to be submitted in accordance with NBMC Sections 20.54.080 and 21.54.080. If the Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission may deny the application and provide facts in support of denial to be included in a resolution for denial. 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. 14 AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission, October 22, 2020 Page 13 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 present for the proposed location and alternative locations Nos. 3 and 4. These locations do 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. The presence of the publicly visible rock outcroppings that would be altered in Alternative locations Nos. 1 and 2 are exceptions to finding them exempt from environmental review. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners and residential occupants of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the NBMC. At the time the application was submitted, a Notice of Filing was posted to the site by the Applicant in accordance with Title 21 requirements. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: _____________________ Benjamin M. Zdeba, AICP Senior Planner ATTACHMENTS PC 1 Draft Resolution for Approval PC 2 Appeal Form PC 3 Adopted Zoning Administrator Resolution No. ZA2020-057 PC 4 Minutes of Zoning Administrator Meeting of August 27, 2020 PC 5 Applicant’s Project Description and Justification PC 6 Alternative Locations Studied and Rejected PC 7 Coverage Maps PC 8 Photographic Simulations and Project Plans 01/12/18 15 INTENTIONALLY BLANK PAGE16 Attachment No. PC 1 Draft Resolution for Approval 17 INTENTIONALLY BLANK PAGE18 05-14-19 RESOLUTION NO. PC2020-034 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, UPHOLDING THE DECISION OF THE ZONING ADMINISTRATOR APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2020-119 FOR A SMALL CELL WIRELESS FACILITY LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY ON CITY STREETLIGHT NUMBER 0902, ON 38TH STREET NEAR LAKE AVENUE AND THE NEWPORT ISLAND BRIDGE (PA2019-113) THE PLANNING COMMISSION 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 (“City”) Streetlight Number 0902 (“SLC0902”), located within the public right-of-way at the northwestern corner of 38th Street and Lake Avenue requesting a coastal development permit (“CDP”). 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 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 (“Project”). . 3. Since SLC0902 is located within the public right-of-way, the proposal is regulated by Council Policy L-23 (Siting of Wireless Telecommunications Equipment on City-Owned Property), as well as Chapter 20.49 (Wireless Telecommunication Facilities) of the Newport Beach Municipal Code (“NBMC”). Pursuant to Section 20.49.060 (Permit Review Procedures) of the NBMC, a minor use permit is required for this type of installation. 4. The City’s regulatory review of wireless telecom siting is limited by three federal laws: (1) the Communications Act of 1934; (2) Telecommunications Act of 1996 (Telecommunications Act); and (3) the Middle-Class Tax Relief and Job Creation Act of 2012 (Spectrum Act), which aim to facilitate wireless infrastructure development and restrict certain aspects of local authority in review and permitting of wireless telecommunications facilities; 5. On January 14, 2019, the Federal Communications Commission (“FCC”) Declaratory Ruling and Order FCC 18-133 (“Order”), modified in part by City of Portland v. United States, No. 18-72689 (9th Cir. 2020), removed barriers to wireless infrastructure deployment and established accelerated timelines for processing wireless applications at the local level. This Order also limited the City’s rights as a property owner, restricting 19 Planning Commission Resolution No. PC2020-034 Page 2 of 11 02-03-2020 the type and amount of fees that can be collected for private use of public property such that the City’s review and approval is primarily limited to reasonable aesthetic requirements, environmental concerns, and land use compatibility. 6. A telephonic public hearing was held on May 28, 2020 in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, 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 given in accordance with California Government Code Section 54950 et seq. (“Ralph M. Brown Act”), as well as Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by the Zoning Administrator at this public hearing. 7. The Zoning Administrator adopted Resolution No. ZA2020-047 approving Minor Use Permit No. UP2019-032 for this Project. The appeal period expired in accordance with Section 20.64.030 (Filing and Processing of Appeals and Calls for Review) of the NBMC therefore rendering UP2019-032 effective. 8. The Project is located within the Coastal Zone. Subsection 21.49.020(B) (Permit and Agreement Required) of the NBMC requires a CDP 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 CDP is required. Upon finding that a CDP is required, the Applicant revised the request to include said permit. 9. A telephonic public hearing was held on August 27, 2020 in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, 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 given in accordance with the Ralph M. Brown Act and Chapter 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this public hearing. 10. The Zoning Administrator adopted Resolution No. ZA2020-057 approving CDP No. CD2020-119. 11. On September 9, 2020, Mr. Jim Mosher filed an appeal of the Zoning Administrator’s decision citing an inadequate consideration of alternative locations. 12. A de novo telephonic public hearing was held online on October 22, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, 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 public hearing was given in accordance with the Ralph M. Brown Act, Chapter 20.62 and Chapter 21.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commissioner at this hearing. 20 Planning Commission Resolution No. PC2020-034 Page 3 of 11 02-03-2020 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The 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, Division 6, 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. 2. In this case, the Project 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. 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: A. 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. It is not proposed at a location that is prohibited by NBMC Subsection 21.49.040(B) (Prohibited Locations). 2. After a thorough review of the area, the Applicant 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 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 21 Planning Commission Resolution No. PC2020-034 Page 4 of 11 02-03-2020 accomplished with a traditional macro collocation or building mounted site in the area, as it is focused to fill a coverage gap for the area and there are no viable buildings in the area. 3. Three nearby streetlights were identified and investigated by the Applicant as possible alternate locations for the small cell facility however none of the sites were found to be suitable alternatives due to factors such as either the existing narrow width of the adjacent sidewalk or proximity to a residential structure. The proposed site provides greater separation from residences and impacts to public views will be minimal. There were no opportunities for colocation within the area. 4. The project site abuts a vacant City-owned parcel to the west with residentially zoned properties surrounding it. The streetlight pole is located within an existing landscaped area, which provides visual interest and distraction from the streetlight. The taller palm trees and their trunks will help to mask the equipment shroud on top of the streetlight pole, which is anticipated to lessen the general visibility of the proposed small cell facility and helps to ensure visual compatibility with the surrounding neighborhood and its residential character. 5. The existing and replacement streetlight poles are not and will not impact the view or character of the entrance and exit point to Newport Island, as seen when crossing the bridge. The decorative acorn-style streetlamps are situated at a lower height, will not be impacted, and will still frame the entrance to Newport Island. The visual character and charm of the area will be maintained and is not expected to be negatively impacted by the project based on a visual impact analysis of project renderings. 6. The project has been reviewed for consistency with the Public View Protection regulations of Section 21.49.050(B) (Public View Protection) of the NBMC. This section requires that all telecom projects comply with 21.30.100 (Scenic and Visual Quality Protection). The subject location is located between the first public roadway paralleling the sea and the sea; however, it is not on a coastal bluff or canyon or public accessway, as identified on the Coastal Land Use Plan Map 4-3 (Coastal Views), and does not contain significant natural landforms or vegetation. Although the project site may be visible from Newport Island Park approximately 175 feet northwest, as well as the Rive Alto canal, the replacement streetlight pole will be placed in the same location as the existing streetlight pole. The shroud on top is not anticipated to be highly noticeable from any vantage point at the park or on the water, especially given that there are existing taller palm trees immediately surrounding the proposed site. These trees will serve to mask the facility and its additional height. The project also will not be visible from 38 th Street Park, which is located approximately 175 feet southwest of the site with two rows of residential development in between. While it may be visible from the Lake Street Park, across 38th Street to the east, views from this park are towards the canal looking down the Rialto, such that the project will have no negative impacts on said views. 7. The Project involves the removal and replacement of an existing City streetlight in the same location with the same luminaire height. It has been designed to blend with its surroundings and, while it will be visible, the replacement streetlight is consistent with the size, shape, style, and design of the existing pole. No above-ground mounted 22 Planning Commission Resolution No. PC2020-034 Page 5 of 11 02-03-2020 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. There will be no negative impacts on coastal views or coastal resources with the Project’s implementation. 8. The proposed replacement streetlight and antenna structure will comply with the maximum allowable height limit of 35 feet from existing finished grade. Finding: B. 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. 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, staff has determined the proposal is allowed since the facility would be installed at an existing streetlight pole location, which meets the intent of limiting new vertical projections closer to the coastline. 2. The Project site is within an existing landscaped area on 38th Street near Lake Avenue and the Newport Island Bridge. All equipment will be either concealed within the replacement pole or vaulted below grade. There will be no changes or obstructions to the pedestrian right-of-way and access 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. 3. 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. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City’s Planning Commission hereby finds this Project is categorically exempt from 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, Division 6, 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. 23 Planning Commission Resolution No. PC2020-034 Page 6 of 11 02-03-2020 2. The City’s Planning Commission hereby approves CDP No. CD2020-119, subject to the conditions set forth in “Exhibit A,” which is attached hereto and incorporated by reference, in addition to the minor use permit already granted via Use Permit No. UP2019-032. 3. This action shall become final and effective ten (10) working days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Office of the City Clerk in accordance with Title 21 (Local Coastal Program Implementation Plan) of the NBMC. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeals to the Coastal Commission) of the NBMC, California Code of Regulations Title 14, Division 5.5, Chapter 5, Subchapter 2, Sections 13111 through 13120, and Section 30603 of the California Public Resources Code. PASSED, APPROVED, AND ADOPTED THIS 22ND DAY OF OCTOBER, 2020. AYES: NOES: ABSTAIN: ABSENT: BY: _________________________ Chairman BY: _________________________ Secretary 24 Planning Commission Resolution No. PC2020-034 Page 7 of 11 02-03-2020 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 Project 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 Project shall be installed underground. 8. All electrical and antenna wiring shall be fully encased within the reconstructed streetlight pole. 9. The Project approved by the use permit shall comply with any easements, covenants, conditions, or restrictions on the underlying City-trust property upon which the Project 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. 12. Prior to building permit issuance, all contractors and subcontractors shall have a valid City of Newport Beach business license. 25 Planning Commission Resolution No. PC2020-034 Page 8 of 11 02-03-2020 13. 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. 14. 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. 15. The Applicant shall not prevent the City of Newport Beach from having adequate spectrum capacity on the City's 800 MHz radio frequencies at any time. 16. The Project 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. 17. The Project 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. 18. 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. 19. 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. 20. No advertising signage or identifying logos shall be displayed on the Project except for small identification, address, warning, and similar information plates. A detail of the information plates depicting the language on the plate shall be included in the plans submitted for issuance of building permits. 21. 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. 26 Planning Commission Resolution No. PC2020-034 Page 9 of 11 02-03-2020 22. 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. 23. The Applicant shall maintain the Project in a manner consistent with this approval. 24. The Applicant shall ensure that its Project 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. 25. The Project shall comply with all applicable provisions of U.S. Code Title 47 (Telecommunications) rules and regulations, including those related to FCC Radio Frequency safety. 26. 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 Section 21.49.050. 27. 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. 28. The City reserves the right and jurisdiction to review and modify any permit approved pursuant to NBMC Chapter 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. 29. Costal Development Permit No. CD2020-119 shall expire unless exercised within 24 months from the date of approval as specified in Section 21.54.060 (Time Limits and Extensions) of the NBMC unless an extension is otherwise granted. 30. Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays or holidays. 27 Planning Commission Resolution No. PC2020-034 Page 10 of 11 02-03-2020 31. This approval may be modified or revoked by the Planning Commission 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. 32. 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. 33. 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. 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. The applicant shall replace any privately installed landscaping disturbed as a result of the telecom installation. Any removed landscaping shall be replaced with the same species and size, wherever feasible, and provided the replacement is in compliance with any applicable encroachment agreements. 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, 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 SLC4653, including, but not limited to, Coastal Development Permit No. CD2020-118 (PA2019-115). This indemnification shall include, but not be limited to, damages awarded against the City, 28 Planning Commission Resolution No. PC2020-034 Page 11 of 11 02-03-2020 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 INTENTIONALLY BLANK PAGE30 Attachment No. PC 2 Appeal Form 31 INTENTIONALLY BLANK PAGE32 Appeal Application City Clerk’s Office 100 Civic Center Drive / P.O. Box 1768 Newport Beach, CA 92658-8915 949-644-3005 Clerk’s Date & Time Stamp Appeals are time sensitive and must be received by the City Clerk specified time period from a decision or final action by a decision-maker. It is advisable to consult with the Department managing the issue if there is question with regards to appealing an action. This is an appeal of the: cc: Department Director, Deputy Director, Staff, File F:\Users\Clerk\Shared\Forms\Appeal Application Updated 8/4/20 … (CDD222)Community Development Director Action to the Planning Commission - $1715 … (CDD222)Zoning Administrator Action to the Planning Commission - $1715 … (CDD222)Coastal Development Application Appeal from Zoning Admin to the Planning Commission – No Fee … (CDD222)Planning Commission Action to the City Council - $1715 … (CDD222)Hearing Officer Action to the City Council - $1715 … (CDD223)Building Official/Fire Marshal Action to the Building/Fire Board of Appeals - $1715 … (CDD224)Chief of Police Action on an Operator License to the City Manager - $853 … (RSS073)City Manager Action on a Special Events Permit to the City Council - $1,747 … (HBR001)Harbormaster Action on a Lease/Permit to the Harbor Commission - $100 … (HBR001)Harbormaster Action to the Harbor Commission - Hourly Cost … (HBR001)Harbor Commission Action to the City Council - Hourly Cost … (PBW018)Public Works Director Action Harbor Development Permits to Harbor Commission - Hourly Cost … (PBW018)Public Works Director Action on a Lease/Permit to the Harbor Commission - $100 … Other - Specify decision-maker, appellate body, Municipal Code authority and fee: Appellant Information: Name(s): Address: City/State/Zip: Phone: Email: Appealing Application Regarding: Name of Applicant(s): Date of Final Decision: Project No.: Activity No.: Application Site Address: Description of application: Reason(s) for Appeal (attach a separate sheet if necessary): Signature of Appellant: Date: FOR OFFICE USE ONLY: Date Appeal filed and Administrative Fee received: ___________________________, 20____. City Clerk ■ James M. Mosher 2210 Private Road Newport Beach, CA. 92660 (949) 548-6229 jimmosher@yahoo.com New Cingular Wireless, LLC August 27, 2020 CD2020-119 PA2019-113 City streetlight number SLC0902 at the northwestern corner of 38th Street and Lake Avenue Coastal development permit (CDP) to allow the installation of a small cell wireless facility on a City-owned streetlight pole. Inadequate consideration of alternative sites; site selection justified based on impact on residents rather than impact on coastal visitors and coastal resources. 9/9/2020 33 INTENTIONALLY BLANK PAGE34 From: Jim Mosher <jimmosher@yahoo.com> Sent: Thursday, September 17, 2020 10:43 AM To: Zdeba, Benjamin Subject: Re: Appeal of 8/27/2020 ZA decisions on PA2019-113 and PA2019-115 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Ben, Thank you for reaching out. I have no issues at this time with an October 22 hearing date. In response to your question about alternative sites: 1. With regard to CD2020-119 [SLC0902 (PA2019-113)], any of the three alternatives explored by the consultants is superior from a Coastal Act point of view as they avoid the clear violation of NBMC Subsec. 21.49.040.B.6 that the approved location presents. They would also be consistent with ZA's September 10 decision on CD2020-120 [SLC0007 (PA2019-150)], where streetlights in public open space adjacent to the water, similar to SLC0902, were rejected in favor of a streetlight in the PROW on the inland side of the road, adjacent to a residence. Of the three alternatives presented on August 27, "Alt. #3" appears superior from a coverage perspective as well, since, according to the applicant's map of existing signal strength (page 52 of August 27 staff report), it would be at the location most lacking current service. (with regard to the exemptions from the locations prohibited by NBMC Subsec. 21.49.040.B.6, please note that "utility tower" and "facility" are both terms defined in Section 21.49.030 and an existing streetlight fits neither definition). 2. With regard to CD2020-118 [SLC4653 (PA2019-115)], as you know PC chair Weigand earlier attempted to call for review the ZA's decision on the Title 20 MUP for use of this streetlight. That, in itself, seems sufficient reason for the PC to review staff's belief that SLC4653 is better than the four alternative streetlight locations considered, in particular "Alternative Site No. 4" at an already disturbed location. In addition to the alternatives presented to the ZA by staff on August 27, collocation with T-Mobile on the non-residential yacht club building at 1601 Bayside (as approved with CD2018-067/PA2018-151 on October 25, 2018) would seem to be a preferred solution according to our IP. 35 And although I personally think it would violate NBMC Subsec. 21.49.040.B.6, and I would need to see an accurate simulation before advocating for it, "conversion" of a private light standard in the Bayside Marina parking lot at 1353 Bayside Drive is another option that does not seem to have been explored, and which might possibly be less obtrusive to more of the public than conversion of the streetlights in the PROW along Bayside Drive. *** You did not ask, but I think there are a number of issues that have been raised by at least some of the Planning Commissioners in connection with the few wireless permits they have reviewed, and which I think merit further discussion with them relevant to both of these appeals. Those include: x Is the Master License Agreement really part of a master plan? If so, what is the plan? x Does the MLA somehow override the code and mean streetlights are to be approved even when higher priority non-residential sites might be used instead? x How are other carriers to be accommodated? x Why is present and future collocation not part of the discussion? x What happens when, as has been hinted at, 5G requires even denser networks? Yours sincerely, Jim Mosher On Tuesday, September 15, 2020, 04:42:50 PM PDT, Zdeba, Benjamin <bzdeba@newportbeachca.gov> wrote: Hi Mr. Mosher, I reviewed your appeal applications for these projects. I understand your opinion is the alternative sites analyses are insufficient and there are better locations. Do you have alternative locations to suggest and the reasons to substantiate those alternative locations? 36 Also, we are aiming to bring these to the Planning Commission on October 22, 2020. Please let me know if you have any issues with that date. Thanks, Ben Z. BENJAMIN M. ZDEBA, AICP Community Development Department Senior Planner bzdeba@newportbeachca.gov 949-644-3253 From: Jurjis, Seimone <sjurjis@newportbeachca.gov> Sent: Wednesday, September 09, 2020 3:58 PM To: Jim Mosher <jimmosher@yahoo.com> Cc: Zdeba, Benjamin <bzdeba@newportbeachca.gov> Subject: FW: Appeal of 8/27/2020 ZA decisions on PA2019-113 and PA2019-115 Thank you Jim, 37 I have received your appeals, and we will review them and get back to you if we need more information. SEIMONE JURJIS, P.E., C.B.O. Community Development Department Community Development Director sjurjis@newportbeachca.gov 949-644-3282 From: Jim Mosher <jimmosher@yahoo.com> Sent: Wednesday, September 9, 2020 3:03 PM To: Jurjis, Seimone <sjurjis@newportbeachca.gov> Subject: Appeal of 8/27/2020 ZA decisions on PA2019-113 and PA2019-115 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Director Jurjis, Please find attached my appeals of two decisions made by the Zoning Administrator on August 27, 2020. They are being filed with you as provided in NBMC Section 21.64.030.B.1.a.i. 38 Please acknowledge receipt. Additional information on the basis for the appeals can be provided if requested. Yours sincerely, Jim Mosher 39 INTENTIONALLY BLANK PAGE40 Attachment No. PC 3 Adopted Zoning Administrator Resolution No. ZA2020-057 41 INTENTIONALLY BLANK PAGE42 RESOLUTION NO. ZA2020-057 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2020-119 FOR A SMALL CELL WIRELESS FACILITY LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY ON CITY STREETLIGHT NUMBER SLC0902, ON 38TH STREET NEAR LAKE AVENUE AND THE NEWPORT ISLAND BRIDGE (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 at the northwestern corner of 38th Street and Lake Avenue requesting a coastal development permit (CDP). 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 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 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). Pursuant to Section 20.49.060 (Permit Review Procedures) of the NBMC, a minor use permit is required for this type of installation. A minor use permit (UP2019-032) for this project was previously reviewed and approved by the Zoning Administrator at a public hearing on May 28, 2020. There was no appeal filed and the Minor Use Permit is now effective. However, since that approval, it has been determined that a CDP is also required. 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 August 27, 2020, observing restrictions due to the Declaration of a State Emergency and Proclamation of Local Emergency 43 Zoning Administrator Resolution No. ZA2020-057 Page 2 of 10 01-25-19 related to COVID-19. 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 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. 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: A. 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. It is not proposed at a location that is prohibited by NBMC Subsection 21.49.040(B) (Prohibited Locations). 44 Zoning Administrator Resolution No. ZA2020-057 Page 3 of 10 01-25-19 2. The Applicant analyzed alternative sites for the project and ultimately 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 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. 3. The project site abuts a vacant City-owned parcel to the west with residentially zoned properties surrounding it. The streetlight pole is located within an existing landscaped area, which provides visual interest and distraction from the streetlight. The taller palm trees and their trunks will help to mask the equipment shroud on top of the streetlight pole, which is anticipated to lessen the general visibility of the proposed small cell facility and helps to ensure visual compatibility with the surrounding neighborhood and its residential character. 4. The existing and replacement streetlight poles are not and will not impact the view or character of the entrance and exit point to Newport Island, as seen when crossing the bridge. The decorative acorn-style streetlamps are situated at a lower height, will not be impacted, and will still frame the entrance to Newport Island. The visual character and charm of the area will be maintained and is not expected to be negatively impacted by the project based on a visual impact analysis of project renderings. 5. The project has been reviewed pursuant to Subsection 21.49.050(B) of the NBMC. It complies with Section 21.30.100 (Scenic and Visual Quality Protection) of the NBMC. The subject location is located between the first public roadway paralleling the sea and the sea; however, it is not on a coastal bluff or canyon or public accessway, as identified on the Coastal Land Use Plan Map 4-3 (Coastal Views), and does not contain significant natural landforms or vegetation. Although the project site may be visible from Newport Island Park approximately 175 feet northwest, the replacement streetlight pole will be placed in the same location as the existing streetlight pole and the shroud on top is not anticipated to be detectable from any vantage point at the park. Furthermore, there are existing taller palm trees immediately surrounding the proposed site, which will serve to mask the height of the facility. 6. The project scope involves the removal and replacement of an existing City streetlight in the same location with the same luminaire height. The project has been designed to blend with its surroundings while it will be visible. 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. There will be no negative impacts on coastal views or coastal resources with the project’s implementation. 45 Zoning Administrator Resolution No. ZA2020-057 Page 4 of 10 01-25-19 7. The proposed replacement streetlight and antenna structure will comply with the maximum allowable height limit of 35 feet from existing finished grade. Finding: B. 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. 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, staff has determined the proposal is allowed since the facility would be installed at an existing streetlight pole location, which meets the intent of limiting new vertical projections closer to the coastline. 2. The project site is within an existing landscaped area on 38th Street near Lake Avenue and the Newport Island Bridge. All equipment will be either concealed within the replacement pole or vaulted below grade. There will be no changes or obstructions to the pedestrian right-of-way and access 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. 3. 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. 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 Coastal Development Permit No. CD2020-119, subject to the conditions set forth in “Exhibit A,” which is attached hereto and incorporated by reference. 46 Zoning Administrator Resolution No. ZA2020-057 Page 5 of 10 01-25-19 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 Program Implementation Plan of the NBMC. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the NBMC and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 27TH DAY OF AUGUST, 2020. 47 Zoning Administrator Resolution No. ZA2020-057 Page 6 of 10 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. 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. 48 Zoning Administrator Resolution No. ZA2020-057 Page 7 of 10 01-25-19 12. Prior to building permit issuance, all contractors and subcontractors shall have a valid City of Newport Beach business license. 13. 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. 14. 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. 15. The Applicant shall not prevent the City of Newport Beach from having adequate spectrum capacity on the City's 800 MHz radio frequencies at any time. 16. The facility shall transmit at the approved frequency ranges established by the FCC. The Applicant shall inform the City in writing of any proposed changes to the frequency range in order to prevent interference with the City's Public Safety radio equipment. 17. 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. 18. 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. 19. 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. 20. No advertising signage or identifying logos shall be displayed on the telecom facility except for small identification, address, warning, and similar information plates. A detail of the information plates depicting the language on the plate shall be included in the plans submitted for issuance of building permits. 21. 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. 49 Zoning Administrator Resolution No. ZA2020-057 Page 8 of 10 01-25-19 Signage required by State or federal regulations shall be allowed in its smallest permissible size. 22. 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. 23. The Applicant shall maintain the telecom facility in a manner consistent with this approval. 24. 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. 25. 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. 26. 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 Section 21.49.050. 27. 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. 28. The City reserves the right and jurisdiction to review and modify any permit approved pursuant to NBMC Chapter 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. 29. Costal Development Permit No. CD2020-119 shall expire unless exercised within 24 months from the date of approval as specified in Section 21.54.060 (Time Limits and Extensions) of the NBMC unless an extension is otherwise granted. 50 Zoning Administrator Resolution No. ZA2020-057 Page 9 of 10 01-25-19 30. 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. 31. 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. 32. 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. 33. 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. 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 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, 51 Zoning Administrator Resolution No. ZA2020-057 Page 10 of 10 01-25-19 but not limited to, Coastal Development Permit No. CD2020-119 (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. Additional Conditions 38. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain or result in impacts to environmentally sensitive habitat areas, streams, canals, the beach, wetlands or their buffers. 52 Attachment No. PC 4 Minutes of Zoning Administrator Meeting of August 27, 2020 53 INTENTIONALLY BLANK PAGE54 55 56 57 58 Attachment No. PC 5 Applicant’s Project Description and Justification 59 INTENTIONALLY BLANK PAGE60 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. 61 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: x Removal and replacement of a streetlight. x Installation of a single omni-directional antenna. x Installation of four remote radio units and raycap disconnect switch within a shroud. x 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. 62 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. 63 Statement of Code Compliance with Newport Beach Municipal Code (“NBMC”) Chapter 20.49 and Chapter 13.20 64 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. 65 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. 66 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. 67 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: 68 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. 69 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. 70 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. 71 INTENTIONALLY BLANK PAGE72 Attachment No. PC 7 Coverage Maps Attachment No. PC 6 Alternative Locations Studied and Rejected 73 INTENTIONALLY BLANK PAGE74 © 2018 AT&T Intellectual Property. AT&T, Globe logo, and DIRECTV are registered trademarks and service marks of AT&T Intellectual Property and/or AT&T affiliated companies. All other marks are the property of their respective owners.AT&T Small Cell NodeSite ID: CRAN_RLOS_CSTAM_007Alternative Sites AnalysisMay 5, 2020City streetlight No. SLC0902 located at the northwest corner of 38thStreet and Lake Avenue, Newport Beach.75 2Map of Small Cell Node CRAN_RLOS_CSTAM_007 and Alternative SitesOn this aerial map, AT&T’s proposed Small Cell Node CSTAM_007 is designated by a red marker and the alternative sites are identified by yellow markers.CSTAM_007 Proposed Node Alt #3 Alt #1 Alt #2 76 3Proposed Small Cell Node CRAN_RLOS_CSTAM_007•AT&T is committed to providing and improving wireless telecommunications services and faster datarates throughout the City of Newport Beach.•Rather than construct traditional macro facilities, AT&T’s solution is 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 providecoverage in areas where traditional macro wireless facilities are discouraged.•Small cells are effective tools to provide and improve critical wireless services with a minimal impact. By placing small cells in areas where AT&T’s existing facilities are constrained and where AT&T experiences high network traffic, AT&T can address existing and forecasted demands.•Small Cell Node CRAN_RLOS_CSTAM_007will improve signal quality and capacity within AT&T’swireless network in this portion of Newport Beach.77 4• AT&T proposes to place a Small Cell Node on a replacement streetlight pole in the public right-of-way. (Lat/Long 33.618299, -117.934413). The proposed node is located on the northwest corner of 38thStreet and Lake Avenue. • AT&T’s proposed node is a stealth facility under City Code §20.49.030(N) and is designed to be as visually inconspicuous as possible. • The proposed node is located within a landscaped planter with tall palm trees, low shrubs and signs. An open area separates this location from nearby residences. • AT&T determined that this location is viable inthat necessary utilities are available, and thislocation is feasible from a radio frequencyperspective. The location is free of obstructions and has good line of site to meet coverage objectives. AT&T will need to replace the existing streetlight toaccommodate a Small Cell.Small Cell Node CRAN_RLOS_CSTAM_007 - Proposed LocationCity streetlight No. SLC0902 located at the northwest corner of 38thStreet and Lake Avenue• Photo Simulation of Proposed Small Cell78 5• Alternative Site #1 is a city streetlight in thepublic right- of-way. The site is located approximately 135 feet west of the proposed node. The light is adjacent to a three-story residential home and fence. • The existing streetlight is approximately 10 feet from the adjacent home and less than 3.5 feet from the existing concrete wall.• Replacement of the existing streetlight will not meet ADA requirements. • A small cell at this alternative location would be infeasible. Small Cell Node CRAN_RLOS_CSTAM_007 – Alternative Site #1City streetlight No. SLC0903 located on the southwest corner of 38thStreet and River Avenue79 6• Alternative Site #2 is a city streetlight in the public right- of-way The site is located approximately 210 feet southeast of the proposed node. The light is adjacent to a two-story residential home and fence. • The existing streetlight is approximately 11 feet from the adjacent home and less than 4 feet from the existing fence.• Replacement of the existing streetlight will not meet ADA requirements. • A small cell at this alternative location would be infeasible. Small Cell Node CRAN_RLOS_CSTAM_007 – Alternative Site #2City streetlight No. SLC0901 located on the southeast corner of 37thStreet and Lake Avenue80 7• Alternative Site #3 is a city streetlight in the public right- of-way The site is located approximately 227 feet northwest of the proposed node. The light is adjacent to a single-story residential home and fence. • The existing streetlight is approximately 7 feet from the adjacent home and less than 3 feet from the existing fence.• Replacement of the existing streetlight will not meet ADA requirements. • A small cell at this alternative location would be infeasible. Small Cell Node CRAN_RLOS_CSTAM_007 – Alternative Site #3City streetlight No. SLC0904 located on the northwest corner of 39thStreet and River Avenue81 8Proposed Small Cell Node CRAN_RLOS_CSTAM_007Conclusion•The proposed small cell node CRAN_RLOS_CSTAM_007 is an integral partof an overall small cell solutionto help close AT&T’s significant service coverage gap in this portion ofNewport Beach.•The proposed small cell will provide wireless telecommunications service and faster data rates to the area residents and visitors.•The proposed small cell is the best available and least intrusive 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 use of a replacement streetlight allows a stealth design for the proposed equipment and antenna.•The proposed installation will enhance wireless communication with the least visual impact to the community. 82 83 INTENTIONALLY BLANK PAGE84 Attachment No. PC 7 Coverage Maps 85 INTENTIONALLY BLANK PAGE86 © 2019 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property.AT&T Proprietary (Internal Use Only) Not for use or disclosure outside the AT&T companies except under written agreement.AT&T Coverage Maps* Small Cell node CRAN_RLOS_CSTAM_NODE_007*In its recent small cell deployment order, the FCC rejected the need for wirelessproviders to demonstrate a significant gap to support a wireless siting application.The FCC explained that a local government could effectively prohibit wireless service“not only by rendering a service provider unable to provide existing service in a newgeographic area or by restricting the entry of a new provider in providing service in aparticular area, but also by materially inhibiting the introduction of new services orthe improvement of existing services. Thus, an effective prohibition includesmaterially inhibiting additional services or improving existing services.” So, such mapscannot be required. Nonetheless, to comply with the city’s application requirements,AT&T is submitting signal strength coverage maps that depict its wireless servicecoverage for LTE service at 1900 MHz as it exists now and as predicted after the smallcell is installed and on air. Note, however, that the city’s requirement for these mapsis inappropriate under applicable law and not relevant in any event because AT&T’sproposed facility provides capacity relief within the existing wireless network.87 LTE 1900_Coverage without Small cell© 2019 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property. AT&T Proprietary (Internal Use Only) Not for use or disclosure outside the AT&T companies except under written agreement.Macro siteProposed small cell Nodes88 LTE 1900_Coverage with Small cell© 2019 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property. AT&T Proprietary (Internal Use Only) Not for use or disclosure outside the AT&T companies except under written agreement.Macro siteProposed small cell Nodes89 INTENTIONALLY BLANK PAGE90 Attachment No. PC 8 Photographic Simulations and Project Plans 91 INTENTIONALLY BLANK PAGE92 NEW 12" DIA EQUIPMENT SHROUD WITHRADIOS AND RAYCAP DISCONNECTMOUNTED TO REPLACED STREETLIGHTNEW ANTENNAMOUNTED ON NEWEQUIPMENT SHROUDNEW REPLACED 9.75" DIASTREETLIGHT, TOTAL HEIGHT 35'-0"INCLUDING SHROUD AND ANTENNAFUTURE BANNER BY OTHERS93 NEW 12" DIA EQUIPMENT SHROUD WITHRADIOS AND RAYCAP DISCONNECTMOUNTED TO REPLACED STREETLIGHTNEW ANTENNAMOUNTED ON NEWEQUIPMENT SHROUDNEW REPLACED 9.75" DIASTREETLIGHT, TOTAL HEIGHT 35'-0"INCLUDING SHROUD AND ANTENNAFUTURE BANNER BY OTHERS94 NEW 12" DIA EQUIPMENT SHROUD WITHRADIOS AND RAYCAP DISCONNECTMOUNTED TO REPLACED STREETLIGHTNEW ANTENNAMOUNTED ON NEWEQUIPMENT SHROUDNEW REPLACED 9.75" DIASTREETLIGHT, TOTAL HEIGHT 35'-0"INCLUDING SHROUD AND ANTENNANEW BELOW GRADE HANDHOLES95 INTENTIONALLY BLANK PAGE96 TITLE SHEET T-1 SHEET TITLE SHEET NUMBER IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. DRAWN BY: CHECKED BY: MM AL SITE ID: CSTAM 007A CITY STREETLIGHT NO. SLC0902 LOCATED AT THE NORTHWEST CORNER OF 38TH STREET AND LAKE AVENUE NEWPORT BEACH, CA 92663 330 COMMERCE, STE. 200 IRVINE, CA 92602 A 09/17/2018 90% CD'S REV DATE DESCRIPTION F 05/12/2020 100% CD'S REVISED B 09/21/2018 100% CD'S C 08/30/2019 100% CD'S D 09/27/2019 100% CD'S E 10/17/2019 100% CD'S REVIESD 1452 EDINGER AVE. TUSTIN, CA 92780 DATE SIGNED: 05/12/2020 EXPIRATION DATE: 06/30/2021 DIRECTIONS FROM AT&T OFFICE: DIRECTION ARE TAKEN FROM1452 EDINGER AVE.TUSTIN, CA 92780 1. TURN LEFT ONTO EDINGER AVE2. TURN LEFT ONTO STATE ROUTE 55 S 3. MERGE ONTO STATE ROUTE 55 S 4. CONTINUE ONTO NEWPORT BLVD 5. TURN RIGHT ONTO 32ND ST6. TURN RIGHT ONTO W BALBOA BLVD 7. TURN RIGHT ONTO 38TH ST DESTINATION WILL BE ON THE LEFT.CITY STREETLIGHT NO. SLC0902 LOCATED AT THENORTHWEST CORNER OF 38TH STREET AND LAKE AVENUE,NEWPORT BEACH, CA 92663 PROJECT SITE INFORMATION PROJECT TEAM CONSTRUCTION DRAWING DIG ALERT IF USING 11"x17" PLOT, DRAWING WILL BE HALF SCALE DRAWING INDEX T-1 TITLE SHEET SHEET TITLE A-1 GN-1 GENERAL NOTES A-2 ELEVATIONS GENERAL NOTES SITE PLAN AREA MAPS VICINITY MAP LOCATION MAP DRIVING DIRECTIONS NE N E SESW W NW S PROJECT DESCRIPTION SITE NAME: CSTAM 007A Know what's below.Call before you dig. Dig Alert CALIFORNIA SOUTH Call Two Working Days Before You Dig! 811 / 800-422-4133 A-3 ELEVATIONS THE FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. A TECHNICIAN WILL VISIT THE SITE AS REQUIRED FOR ROUTINE MAINTENANCE. THE PROJECT WILL NOT RESULT IN ANY SIGNIFICANT DISTURBANCE OR EFFECT ON DRAINAGE; NO SANITARY SEWER SERVICE, POTABLE WATER, OR TRASH DISPOSAL IS REQUIRED AND NO COMMERCIAL SIGNAGE IS NEW. DO NOT SCALE DRAWINGS SUBCONTRACTOR SHALL VERIFY ALL PLANS & EXISTING DIMENSIONS & CONDITIONS ON THE JOB SITE & SHALL IMMEDIATELY NOTIFY THE ENGINEER IN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING WITH THE WORK OR BE RESPONSIBLE FOR SAME. APPROVALS AT&T RF ENGINEER: SITE ACQUISITION MANAGER: PROJECT MANAGER: ZONING VENDOR: A/E MANAGER: LEASING VENDOR: CONSTRUCTION MANAGER: PROPERTY OWNER: APPROVED BY:INITIALS:DATE: AT&T OPERATIONS: THE FOLLOWING PARTIES HEREBY APPROVE AND ACCEPT THESE DOCUMENTS & AUTHORIZE THE SUBCONTRACTOR TO PROCEED WITH THE CONSTRUCTION DESCRIBED HEREIN. ALL DOCUMENTS ARE SUBJECT TO REVIEW BY THE LOCAL BUILDING DEPARTMENT & MAY IMPOSE CHANGES OR MODIFICATIONS. SHEET NO: SITE NUMBER: CRAN_RLOS_CSTAM_007 USID: 213741 / FA: 14823074 CITY STREETLIGHT NO. SLC0902 LOCATED AT THE NORTHWEST CORNER OF 38TH STREET AND LAKE AVENUE NEWPORT BEACH, CA 92663 PACE: MRLOS051857 NE N E SESW W NW S D-1 DETAILS POLE DETAILSS-1  POLE ID #: SLC0902 PROJECT: CRAN/ SMALL CELL/ PICO POLE TYPE: (N) CONCRETE LIGHT POLE UTILITY MANAGER: ENGINEER: M SQUARED WIRELESS 1387 CALLE AVANZADO SAN CLEMENTE, CA 92673 PUBLIC/PRIVATE: AT&T 1452 EDINGER AVE TUSTIN, CA 92780 -117.934413 33.618299 APPLICANT: ADDRESS: LAT/LONG TYPE: LONGITUDE (NAD 83): LATITUDE (NAD 83): NAD-83 PUBLIC RIGHT-OF-WAY ADDRESS:CITY STREETLIGHT NO. SLC0902 LOCATED AT THE NORTHWEST CORNER OF 38TH STREET AND LAKE AVENUE, NEWPORT BEACH, CA 92663 PROJECT MANAGER: M SQUARED WIRELESS 1387 CALLE AVANZADO SAN CLEMENTE, CA 92673 GROUND ELEVATION (NAVD 88)± 7.28' JURISDICTION: CITY OF NEWPORT BEACH SAC/ZONING/PERMITTING: M SQUARED WIRELESS 1387 CALLE AVANZADO SAN CLEMENTE, CA 92673 RF ENGINEER: AT&T 1452 EDINGER AVE. TUSTIN, CA 92618 CONTACT: KARLO DAVINAGRACIA EMAIL: KD270J@ATT.COM UNMANNED TELECOMMUNICATIONSPROPOSED USE: CURRENT ZONING: PUBLIC RIGHT OF WAY POWER COMPANY: ADDRESS: A-4 SITE IMAGE SCE 1 INNOVATION WAY POMONA, CA 91768 AT&T PROPOSES TO INSTALL A NEW WIRELESS INSTALLATION LOCATED IN THE PUBLIC RIGHT OF WAY TO (N) CONCRETE LIGHT POLE. 4G SCOPE WILL CONSIST OF THE FOLLOWING: * AT&T TO REMOVE (1) EXISTING CONCRETE STREETLIGHT * AT&T TO INSTALL (1) NEW CONCRETE STREETLIGHT * AT&T TO INSTALL (4) NEW AT&T REMOTE RADIO UNITS * AT&T TO INSTALL (1) NEW AT&T OMNI-DIRECTIONAL ANTENNA * AT&T TO INSTALL (1) NEW AT&T EQUIPMENT SHROUD * AT&T TO INSTALL (1) NEW RAYCAP DISCONNECT * AT&T TO INSTALL (1) NEW HANDHOLE LATITUDE/LONGITUDE: 33.618299 / -117.934413 SENIOR TECHNICAL PROJECT MANAGER: AT&T 1452 EDINGER AVE. TUSTIN, CA 92780 CONTACT: TED SUEKAWA EMAIL: TS4994@ATT.COM  CODE COMPLIANCE ALL WORK AND MATERIALS SHALL BE PERFORMED AND INSTALLED IN ACCORDANCE WITH THE CURRENT EDITIONS OF THE FOLLOWING CODES AS ADOPTED BY THE LOCAL GOVERNING AUTHORITIES. NOTHING IN THESE PLANS IS TO BE CONSTRUCTED TO PERMIT WORK NOT CONFORMING TO THESE CODES. 1. 2016 CALIFORNIA ADMINISTRATIVE CODE 2. 2016 CALIFORNIA BUILDING CODE 3. 2016 CALIFORNIA ELECTRIC CODE 4. 2016 CALIFORNIA MECHANICAL CODE 5. 2016 CALIFORNIA PLUMBING CODE 6. 2016 CALIFORNIA FIRE CODE 7. ANY LOCAL BUILDING CODE AMENDMENTS TO THE ABOVE 8. CITY/COUNTY ORDINANCES 9. NEC, NATIONAL ELECTRIC CODE 10. CALIFORNIA TRAFFIC CONTROL LANE CLOSURES MUTCD HANDICAP REQUIREMENTS: FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. HANDICAPPED ACCESS NOT REQUIRED IN ACCORDANCE WITH CALIFORNIA ADMINISTRATIVE STATE CODE PART 2, TITLE 24, CHAPTER 11B, SECTION 1103B. D-2 DETAILS D-3 NEWPORT BEACH DETAILS D-4 LUMINAIRE DETAILS ELECTRICAL & GROUNDING DETAILSE-1 TRAFFIC CONTROL PLANTC-1 SHEET TITLESHEET NO: ADAPTER PLATE DETAILSS-2 SCE POWER DESIGNSCE-1 SCE POWER DESIGNSCE-2 SCE POWER DESIGNSCE-3 SCE POWER DESIGNSCE-4 CONCRETE FOUNDATION (CONTINUOUS INSPECTION). SPECIAL INSPECTION 1. TRAFFIC CONTROL PLANS ARE NOT TO BE USED FOR CONSTRUCTION AND NEW TCP WILL BE SUBMITTED AND APPROVED AS PART OF THE ENCROACHMENT PERMIT APPLICATION. CITY NOTE PA2019-113 97 GENERAL NOTES GN-1 SHEET TITLE SHEET NUMBER IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. DRAWN BY: CHECKED BY: MM AL SITE ID: CSTAM 007A CITY STREETLIGHT NO. SLC0902 LOCATED AT THE NORTHWEST CORNER OF 38TH STREET AND LAKE AVENUE NEWPORT BEACH, CA 92663 330 COMMERCE, STE. 200 IRVINE, CA 92602 A 09/17/2018 90% CD'S REV DATE DESCRIPTION F 05/12/2020 100% CD'S REVISED B 09/21/2018 100% CD'S C 08/30/2019 100% CD'S D 09/27/2019 100% CD'S E 10/17/2019 100% CD'S REVIESD 1452 EDINGER AVE. TUSTIN, CA 92780 DATE SIGNED: 05/12/2020 EXPIRATION DATE: 06/30/2021 ABBREVIATIONS GENERAL NOTES ABBREVIATIONS 43 1 NEWPORT BEACH GENERAL NOTES2 PA2019-113 98 (N) FIBER HANDHOLE TO BE INSTALLED BELOW GRADE (BY AT&T WIRELINE UNDER SEPARATE PERMIT) A-1 SHEET TITLE SHEET NUMBER IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. DRAWN BY: CHECKED BY: MM AL SITE ID: CSTAM 007A CITY STREETLIGHT NO. SLC0902 LOCATED AT THE NORTHWEST CORNER OF 38TH STREET AND LAKE AVENUE NEWPORT BEACH, CA 92663 330 COMMERCE, STE. 200 IRVINE, CA 92602 A 09/17/2018 90% CD'S REV DATE DESCRIPTION F 05/12/2020 100% CD'S REVISED B 09/21/2018 100% CD'S C 08/30/2019 100% CD'S D 09/27/2019 100% CD'S E 10/17/2019 100% CD'S REVIESD 1452 EDINGER AVE. TUSTIN, CA 92780 DATE SIGNED: 05/12/2020 EXPIRATION DATE: 06/30/2021 SITE PLAN NE N ESE SW W NW S SE SW NW ENLARGED SITE PLAN NE N ESE SW W NW S SE SW NW 21 (E) TREE (TYP.) (E) SIDEWALK (TYP.) SITE PLAN BUILDING (TYP.) NEW AT&T PROJECT LOCATION. SEE ENLARGED SITE PLAN CANAL LAKE AVE1-2 A-3 1-2 A-2 2 - C/F ROWCANALRIVER AVEBUILDING (TYP.)ALLEYWAY5'-0" TO ℄ OF LAKE AVE 30'-0"5'-0"11'-1"10'-0"5'-0"40'-0" 6'-6"13'-6"13'-6"6'-6"ROWC/FC/FCLROWROWC/FC/FCLROW CL C/F ROW C/F ROW CL C/F ROW (E) WATERMETER HANDHOLE 5'-0"BEACH (E) SIDEWALK (TYP.)LAKE AVEROWROWC/FC/FCL(E) SIGN TO BE PROTECTED (TYP.) NOTE: 1. IF DIMENSIONS SHOWN ON PLAN DO NOT SCALE CORRECTLY, CHECK FOR REDUCTION OR ENLARGEMENT FROM ORIGINAL PLANS. 2. UTILITY DESIGN & RUNS ARE PRELIMINARY. PENDING FINAL DESIGN FROM UTILITY PROVIDERS. 3. CONTRACTORS TO VERIFY SUB STRUCTURE LOCATIONS PRIOR TO ANY EXCAVATION. 4. ALL CONDUCTORS/ WIRES & CONDUIT, SHALL BE INSTALLED IN A NEAT & TIDY FASHION. ALL EXCESS WIRE SLACK IS TO BE REMOVED & HIDDEN AS MUCH AS POSSIBLE. 5. ALL NEWLY INSTALLED EQUIPMENT SHALL BE PAINTED TO MATCH EXISTING POLE, & OR SURROUNDINGS UNLESS PROHIBITED PER MANUFACTURER. 6. NEW FIBER CONDUIT TO BE STUBBED OUT OF NEW POLE FOOTING BY APPROX. 2'-0". 7. POWER SUPPLY AND RUN ARE SUBJECT TO CHANGE PER SCE FINAL DESIGN. 8. CONTRACTOR TO PROTECT THE EXISTING WALL, WASTE BIN, STREET TREES AND MONUMENT SIGN IN PLACE. 9. WHERE REMOVED OR DAMAGED BY CONSTRUCTION, ALL, CURB, GUTTER AND SIDEWALK SHALL BE REPLACED IN ENTIRE SECTIONS BETWEEN EXPANSION JOINTS. NO SAW CUTTING AND PARTIAL PATCHING SHALL BE PERMITTED. ALL CONSTRUCTION DETAILS FOR REPLACEMENT SECTIONS SHALL BE PER CITY OF NEWPORT BEACH STANDARD DRAWINGS. 1,5 D-3 1,5 D-3 1 S-1 1-5 D-1 7-9 D-1 7 D-1 8'-6"50'-10"14'-9"3'-8"4'-5"8'-0" 3'-1" ℄ ℄ ℄ ℄ ℄ NOTE: 1. REPAINT PAINTED CURB IF DAMAGED OR IF DETERMINED NECESSARY BY THE PUBLIC WORKS INSPECTOR. ℄ ℄ ℄ ℄1/4" / FT2%MAX(E) SLOPE1/4" / FT2%MAX(E) SLOPE1 S-1 1-5 D-1 ROW ROW C/F ROW 9'-8" (E) TREE (TYP.) (PROTECT IN PLACE) 3,5 D-3 7 D-1 3,5 D-3 1'-8"2'-10"14'-0"5'-0"25'-0 " ℄5"1'-10"11'-3"5'-0"19'-1"(E) EDISON VAULT (TYP.)4'-9"14'-5"7'-6"16'-5"5' MINPA2019-113 99 Stay BackRadio-frequency energymay exceed exposure limits.If questions, contact facility owner. LAKE AVE LAKE AVE Please Reference Site IDPhone: (877) 231-5447E-mail: atttowers@att.comIn case of Emergency ContactAT&T TOWERS Site IDFCC ID 1'-10" SHEET TITLE SHEET NUMBER IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. DRAWN BY: CHECKED BY: MM AL SITE ID: CSTAM 007A CITY STREETLIGHT NO. SLC0902 LOCATED AT THE NORTHWEST CORNER OF 38TH STREET AND LAKE AVENUE NEWPORT BEACH, CA 92663 330 COMMERCE, STE. 200 IRVINE, CA 92602 A 09/17/2018 90% CD'S REV DATE DESCRIPTION F 05/12/2020 100% CD'S REVISED B 09/21/2018 100% CD'S C 08/30/2019 100% CD'S D 09/27/2019 100% CD'S E 10/17/2019 100% CD'S REVIESD 1452 EDINGER AVE. TUSTIN, CA 92780 DATE SIGNED: 05/12/2020 EXPIRATION DATE: 06/30/2021 ELEVATIONS A-2 12NEW SOUTHWEST ELEVATIONEXISTING SOUTHWEST ELEVATION (E) CITY OF NEWPORT BEACH CONCRETE STREETLIGHT (SLC0902) TO BE REMOVED & REPLACED (BY AT&T) 19'-9" A.G.L. T/ OF (E) POLE 0'-0" A.G.L. (E) GROUND LEVEL (E) CITY OF NEWPORT BEACH POLE FOUNDATION 21'-0" A.G.L. T/ OF (E) LUMINAIRE 0'-0" A.G.L. (E) GROUND LEVEL 25'-5" A.G.L. B/ OF (N) ANTENNA 27'-6" A.G.L. T/ OF (N) ANTENNA 26'-6" A.G.L. C/L OF (N) ANTENNA 25'-5" A.G.L. T/ OF (N) EQUIPMENT SHROUD 22'-0" A.G.L. T/ OF (N) POLE 22'-0" A.G.L. B/ OF (N) EQUIPMENT SHROUD (N) ANTENNA MOUNTED ON (N) EQUIPMENT SHROUD (N) NEWPORT BEACH CONCRETE STREETLIGHT (SLC0902) (BY AT&T) (N) POLE FOUNDATION (BY AT&T) (N) WTR HANDHOLE (BEYOND) (BY AT&T) (N) EQUIPMENT SHROUD W/ (2) (N) AT&T 2203 RADIO, (1) (N) 2205 RADIOS (1) FUTURE 2205 RADIO & (1) (N) RAYCAP DISCONNECT SWITCH WITHIN SHROUD (N) FIBER BOX (BY AT&T WIRELINE UNDER SEPARATE PERMIT) 1 D-1 2-5 D-1 - S-1 6,8,9 D-1 6 D-1 (E) HANDHOLE (N) U/G POWER RUN FROM (N) WTR HANDHOLE TO (N) CONCRETE STREETLIGHT(BY AT&T) (N) U/G FIBER RUN FROM (N) FIBER HANDHOLE TO (N) CONCRETE STREETLIGHT (BY AT&T); RELOCATED (E) LED LUMINAIRE, SEE NOTE 2 (E) SIGNAGE REINSTALLED OR REPLACED IN-KIND (N) EMERGENCY CONTACT SIGN (N) RF SIGN 2 D-2 2 D-2 4'-2" A.G.L. T/ OF (E) DISPENSER (E) SIGNAGE RELOCATED OR REPLACED IN-KIND 10'-11" A.G.L. B/ OF (E) SIGN (E) STREET SIGNS TO BE RELOCATED TO (N) POLE (E) STREET SIGNS TO BE RELOCATED TO (N) POLE 1 D-2 NOTE: 1. ALL NEW EQUIPMENT SHALL BE PAINTED TO MATCH NEW CONCRETE LIGHT POLE 2. RE-USE (E) LED LUMINAIRE. IF NOT LED, REPLACE WITH (N) LED LUMINAIRE APPROVED BY THE CITY. 3. EXISTING STREET SIGNS SHOULD BE RELOCATED TO A TEMPORARY POLE DURING CONSTRUCTION. 10'-11" A.G.L. B/ OF (E) SIGN ±9"Ø @ 6' A.G.L ±9 1/4" OCT. @ 14" A.G.L. (E) LED LUMINAIRE TO BE RELOCATED 2'-2"1'-9" 3'-8" SIDEWALK 1'-9" 3'-8" SIDEWALK 2'-6"6'-0"(E) SLOPE 1/4" / FT (E) SLOPE 1/4" / FT (E) DOGGY BAG DISPENSERS TO BE RELOCATED TO (N) POLE (E) RELOCATED DOGGY BAG DISPENSERS 18'-0" A.G.L. B/ OF (N) R/F SIGNAGE 5'-0" A.G.L. B/OF CONTACT INFO SIGN 14'-0" A.G.L. B/ OF FUTURE BANNER 21'-0" A.G.L. T/ OF (N) LUMINAIRE 4'-2" A.G.L. T/ OF (E) DISPENSER 5'-7" A.G.L. B/ OF (E) SIGN 5'-7" A.G.L. B/ OF (E) SIGN 7'-6" A.G.L. T/ OF (E) SIGN 11'-8" A.G.L. T/ OF (E) SIGN 2'-6" A.G.L. B/ OF (E) DISPENSER 2'-6" A.G.L. B/ OF (E) DISPENSER 7'-6" A.G.L. T/ OF (E) SIGN 11'-8" A.G.L. B/ OF (E) SIGN 4'-6"2'-0" MIN(E) TRASH CAN (E) TRASH CAN 10" NOTE: 1. CONTRACTOR/AT&T SHALL BE RESPONSIBLE FOR SAFE REMOVAL & DELIVERY OF EXISTING STREET LIGHT POLE TO C.N.B. UTILITIES YARD. CONTRACTOR/AT&T SHALL REPLACE WITH NEW POLE IF DAMAGED IN THE REMOVAL PROCESS AT NO COST TO THE "CITY". 2. ANY WORK TO EXISTING WIRES, CONDUIT, PULL BOXES SHALL MEET "CITY" STANDARDS & APPROVED BY "CITY" STAFF, PUBLIC WORKS & UTILITIES STAFF. 3. CONTRACTOR/AT&T SHALL REMOVE ALL ABANDON CONDUITS, WIRES, BOXES & RESTORE SIDEWALK TO NEW. 4. CONTRACTOR/AT&T SHALL DISPOSE OF EXISTING STREET LIGHT POLE IF UNWANTED FOR ANY REASON. (E) BLOCK WALL (E) BLOCK WALL 6"6" 4'-0" 4'-0" (N) ADAPTER PLATE- S-2 - D-4 17"17" 2 D-3 PA2019-113 100 38TH STREET 38TH STREET SHEET TITLE SHEET NUMBER IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. DRAWN BY: CHECKED BY: MM AL SITE ID: CSTAM 007A CITY STREETLIGHT NO. SLC0902 LOCATED AT THE NORTHWEST CORNER OF 38TH STREET AND LAKE AVENUE NEWPORT BEACH, CA 92663 330 COMMERCE, STE. 200 IRVINE, CA 92602 A 09/17/2018 90% CD'S REV DATE DESCRIPTION F 05/12/2020 100% CD'S REVISED B 09/21/2018 100% CD'S C 08/30/2019 100% CD'S D 09/27/2019 100% CD'S E 10/17/2019 100% CD'S REVIESD 1452 EDINGER AVE. TUSTIN, CA 92780 DATE SIGNED: 05/12/2020 EXPIRATION DATE: 06/30/2021 ELEVATIONS A-3 12NEW SOUTHEAST ELEVATIONEXISTING SOUTHEAST ELEVATION (E) CITY OF NEWPORT BEACH CONCRETE STREETLIGHT (SLC0902) TO BE REMOVED & REPLACED (BY AT&T) 0'-0" A.G.L. (E) GROUND LEVEL 19'-9" A.G.L. T/ OF (E) POLE (E) POLE FOUNDATION 21'-0" A.G.L. T/ OF (E) LUMINAIRE 0'-0" A.G.L. (E) GROUND LEVEL (N) POLE FOUNDATION (BY AT&T) (N) WTR HANDHOLE (BY AT&T) (N) FIBER BOX (BY AT&T WIRELINE UNDER SEPARATE PERMIT) (BEYOND)6,8,9 D-1 6 D-1 (E) HANDHOLE 1 D-2 (N) 1 14" U/G POWER RUN FROM (N) WTR HANDHOLE TO (N) CONCRETE STREETLIGHT(BY AT&T) (N) 1 14" U/G FIBER RUN FROM (N) FIBER HANDHOLE TO (N) CONCRETE STREETLIGHT (BY AT&T); 25'-5" A.G.L. B/ OF (N) ANTENNA 27'-6" A.G.L. T/ OF (N) ANTENNA 26'-6" A.G.L. C/L OF (N) ANTENNA 25'-5" A.G.L. T/ OF (N) EQUIPMENT SHROUD 22'-0" A.G.L. T/ OF (N) POLE 22'-0" A.G.L. B/ OF (N) EQUIPMENT SHROUD (N) ANTENNA MOUNTED ON (N) EQUIPMENT SHROUD (N) EQUIPMENT SHROUD W/ (2) (N) AT&T 2203 RADIO, (1) (N) 2205 RADIOS (1) FUTURE 2205 RADIO & (1) (N) RAYCAP DISCONNECT SWITCH WITHIN SHROUD 1 D-1 2-5 D-1 RELOCATED (E) LED LUMINAIRE, SEE NOTE 2 (N) EMERGENCY CONTACT SIGN (N) RF SIGN 2 D-2 2 D-2 (E) SIGNAGE REINSTALLED OR REPLACED IN-KIND 4'-2" A.G.L. T/ OF (E) DISPENSER (E) SIGNAGE RELOCATED OR REPLACED IN-KIND 10'-11" A.G.L. B/ OF (E) SIGN (E) LED LUMINAIRE TO BE RELOCATED 3'-1" 8'-6" 8'-3" (E) TRASH CAN 2'-6"6'-0"(E) DOGGY BAG DISPENSERS TO BE RELOCATED TO (N) POLE (E) RELOCATED DOGGY BAG DISPENSERS NOTE: 1. ALL NEW EQUIPMENT SHALL BE PAINTED TO MATCH NEW CONCRETE LIGHT POLE 2. RE-USE (E) LED LUMINAIRE. IF NOT LED, REPLACE WITH (N) LED LUMINAIRE APPROVED BY THE CITY. 3. EXISTING STREET SIGNS SHOULD BE RELOCATED TO A TEMPORARY POLE DURING CONSTRUCTION. 4. STREET SIGN SHOULD BE RELOCATED TO TEMORARY POLE DURING CONSTRUCTION. 18'-0" A.G.L. B/ OF (N) R/F SIGNAGE 14'-0" A.G.L. B/ OF FUTURE BANNER 5'-0" A.G.L. B/ OF CONTACT SIGN INFO 21'-0" A.G.L. T/ OF (N) LUMINAIRE 7'-6" A.G.L. T/ OF (E) SIGN(E) STREET SIGNS TO BE RELOCATED TO (N) POLE 3'-1" (E) TRASH CAN (E) STREET SIGNS TO BE RELOCATED TO (N) POLE (N) NEWPORT BEACH CONCRETE STREETLIGHT (SLC0902) (BY AT&T) - S-1 2'-6" A.G.L. B/ OF (E) DISPENSER 5'-7" A.G.L. B/ OF (E) SIGN 11'-8" A.G.L. T/ OF (E) SIGN 4'-6"2'-0" MIN.NOTE: 1. CONTRACTOR/AT&T SHALL BE RESPONSIBLE FOR SAFE REMOVAL & DELIVERY OF EXISTING STREET LIGHT POLE TO C.N.B. UTILITIES YARD. CONTRACTOR/AT&T SHALL REPLACE WITH NEW POLE IF DAMAGED IN THE REMOVAL PROCESS AT NO COST TO THE "CITY". 2. ANY WORK TO EXISTING WIRES, CONDUIT, PULL BOXES SHALL MEET "CITY" STANDARDS & APPROVED BY "CITY" STAFF, PUBLIC WORKS & UTILITIES STAFF. 3. CONTRACTOR/AT&T SHALL REMOVE ALL ABANDON CONDUITS, WIRES, BOXES & RESTORE SIDEWALK TO NEW. 4. CONTRACTOR/AT&T SHALL DISPOSE OF EXISTING STREET LIGHT POLE IF UNWANTED FOR ANY REASON. (E) BLOCK WALL (E) BLOCK WALL (N) ADAPTER PLATE - S-2 - D-4 17" 17" 4'-2" A.G.L. T/ OF (E) DISPENSER 10'-11" A.G.L. B/ OF (E) SIGN 7'-6" A.G.L. T/ OF (E) SIGN 2'-6" A.G.L. B/ OF (E) DISPENSER 5'-7" A.G.L. B/ OF (E) SIGN 11'-8" A.G.L. T/ OF (E) SIGN 2 D-3 TO SCE UTILITY POWER ±9 1/4" OCT @ 14" A.G.L. ±9"Ø @ 6' A.G.L PA2019-113 101 SHEET TITLE SHEET NUMBER IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. DRAWN BY: CHECKED BY: MM AL SITE ID: CSTAM 007A CITY STREETLIGHT NO. SLC0902 LOCATED AT THE NORTHWEST CORNER OF 38TH STREET AND LAKE AVENUE NEWPORT BEACH, CA 92663 330 COMMERCE, STE. 200 IRVINE, CA 92602 A 09/17/2018 90% CD'S REV DATE DESCRIPTION F 05/12/2020 100% CD'S REVISED B 09/21/2018 100% CD'S C 08/30/2019 100% CD'S D 09/27/2019 100% CD'S E 10/17/2019 100% CD'S REVIESD 1452 EDINGER AVE. TUSTIN, CA 92780 SITE IMAGE A-4 1PROPOSED SITE LOCATION LOOKING NORTHWEST (E) STREETLIGHT TO BE REPLACED AT SAME LOCATION PA2019-113 102 SHEET TITLE SHEET NUMBER IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. DRAWN BY: CHECKED BY: MM AL SITE ID: CSTAM 007A CITY STREETLIGHT NO. SLC0902 LOCATED AT THE NORTHWEST CORNER OF 38TH STREET AND LAKE AVENUE NEWPORT BEACH, CA 92663 330 COMMERCE, STE. 200 IRVINE, CA 92602 A 09/17/2018 90% CD'S REV DATE DESCRIPTION F 05/12/2020 100% CD'S REVISED B 09/21/2018 100% CD'S C 08/30/2019 100% CD'S D 09/27/2019 100% CD'S E 10/17/2019 100% CD'S REVIESD 1452 EDINGER AVE. TUSTIN, CA 92780 DATE SIGNED: 05/12/2020 EXPIRATION DATE: 06/30/2021 DETAILS D-1 DIMENSIONS (WxDxH):7.87"x3.94"x7.87", INCLUDING MOUNTING BRACKET AND ESTHETIC FRONT COVER ERICSSON - MICRO RADIO 2203 MECHANICAL SPECIFICATIONS VOLUME AND WEIGHT: 4 LITRES AND < 4.5 kg (9.92 lbs) MOUNTING: WALL AND POLE MOUNT INTERFACE SPECIFICATIONS: ANTENNA PORTS: 2 x 4.3-10(F) EXTERNAL ALARM:2 POWER SUPPLY: -48 VCD OR 100 -250 VAC ELECTRICAL SPECIFICATIONS: CPRI: 2 x 2.5/5/10 Gbps (EXCHANGEABLE SFP MODULES) OPTICAL INDICATORS:6 FIELD GROUND: 1 7.87"7.87" FRONT SIDE TOP 7.87"3.94"3.94"7.87"BACK 7.87"7.87"ERICSSON POWER OUTPUT:97 WATTS MAX MAX HEAT DISSIPATION: 90 WATTS MINIMUM AC FUSE RATING: 6 AMP DIMENSIONS (HxD): MAX WIND SPEED: NO. OF CONNECTORS WEIGHT EXCL MOUNTING BRACKETS: CONNECTOR TYPE & FREQUENCY BAND [MHz]: 24.9 x 10 INCHES (643 x 255 mm) 150 mph 10 X 4.3-10 DIN FEMALE 17.2lbs (9 kg) 4 X 4.3-10 DIN FEMALE (1695-2360) MHz MECHANICAL SPECIFICATIONS RADOME MATERIAL: ASA SHIPPING DIMS (LxWxD): 30"X19"X19" (762x483x483)mm24.9"10.0" 1.0" 142.5"GALTRONICS GQ2410-06621 PSEUDO OMNI CANISTER ANTENNA 4 X 4.3-10 DIN FEMALE (3550-3700) MHz 2 X 4.3-10 DIN FEMALE (5150-5950) MHz GROSS SHIPPING WEIGHT: 26 lbs (12kg) FRONT BOTTOM PART NO. GQ2410-06621-11 (GRAY) PART NO. GQ2410-06621-611 (BROWN) PART NO. GQ2410-06621-B11 (CHROME) RAYCAP - RSCAC-6533-P-120-D BOTTOMSIDE 8.59" 10.28"5.06"M40 GLANDS CAN BE REPLACED BY 1 1/4 " NPT CONDUIT FITTINGS NPT 1" GLAND CAN BE REPLACED BY CONDUIT FITTING 6.25"7.46"FRONT 10.45"8.61"MECHANICAL SURGE PROTECTION DEVICE (SPD) TYPE TO UL: STRIKESORB 30-A NUMBER OF CIRCUITS PROTECTED: 4 SURGE PROTECTIVE DEVICE (SPD) TYPE PER UL 1449 4TH EDITION: TYPE 2 COMPONENT ASSEMBLY SURGE PROTECTION DEVICE (SPD) CLASS TO IEC 61643-11: CLASS II NOMINAL OPERATING VOLTAGE [UN]: 120 V NOMINAL DISCHARGE CURRENT [IN] PER UL 1449 4TH EDITION: 20 KA 8/20 ΜS MAXIMUM DISCHARGE CURRENT [IMAX] PER IEC 61643-11 60 KA 8/20 ΜS MAXIMUM CONTINUOUS OPERATING VOLTAGE [UC] (MCOV) 150V VOLTAGE PROTECTION LEVEL [UP] PER IEC 61643-11: 700V VOLTAGE PROTECTION RATING (VPR): 20 KA 8/20 SUPPRESSION TECHNOLOGY: MOV PROTECTION MODES (DUAL MODE): LINE TO NEUTRAL, NEUTRAL TO GROUND CONNECTION TERMINAL: COMPRESSION LUG #6 - #14 AWG (13 - 2MM2) TERMINAL BLOCK #10-#26 AWG (6 - 0.14MM2) ENVIRONMENTAL INGRESS PROTECTION (IP) RATING: NEMA 4X OPERATION TEMPERATURE: (°C) -40° C TO +80° C STORAGE TEMPERATURE: (°C) -70° C TO +80° C ENCLOSURE TYPE (OUTDOOR) POLYCARBONATE: UL 94V-0 RATED ENCLOSURE DIMENSION: (L × W × H) 8.58" X 5.06" X 10.08" [217 × 128 × 256 MM] WEIGHT: 2.25 LBS [1.02KG] STRIKESORB MODULES ARE COMPLIANT TO THE FOLLOWING SURGE PROTECTIVE DEVICE (SPD) STANDARDS: UL 1449 4TH EDITION: 2011, IEC 61643-11: 2011, EN 61643-11: 2012, IEEE C62.11: 2005, IEEE C62.41: 2002, IEEE C62.45: 2002, NEMA-LS-1 CERTIFICATION UL, VDE, CE ELECTRICAL AVAILABLE FROM EXCEL SIGN AND DECAL: http://www.weneedsigns.com/home.php?cal+1135 AND CLICK ON AT&T PH: 510-651-0445 N01-DC-16 1"X6" NOTICE DECAL "For 1 Foot Distance" VINYL DECAL WITH ADHEDSIVE BACKING Place 3 NOTICE sticker at the bottom of the front of the radome of each antenna. COVER FEATURES: x STANDARD LOAD RATING: 20,800 LBS. WHEEL LOAD ON 10"x20" PLATE x 2 BOLT DOWN LOCATIONS x STAINLESS STEEL BOX INSERTS x POLYMER CONCRETE CONSTRUCTION x NON-SKID SURFACE STANDARD x 20K TO BE EMBOSSED ON COVER x APPROXIMATE WEIGHT = 120 LBS. COVER FEATURES: x POLYMER CONCRETE CONSTRUCTION x LIGHTWEIGHT x STACKABLE FOOT x APPROX. WEIGHT 188 LBS. NON-SKID (STANDARD) 2"x8" NAMEPLATE RECESS (1 PL) LIFT PINS (2 PL) BOLT DOWNS (2 PL) 3/8"x3" HEX BOLT (2 PL EA END) (OR APPROVED EQUAL) ERICSSON - RADIO 2203 GALTRONICS OMNI ANTENNA RAYCAP DISCONNECT OMNI ANTENNA DISCLAIMER LABEL AT&T MOBILITY FUSED DISCONNECT HANDHOLE (2) ERICSSON 2203 MOUNTING - BOTH SIDES RAYCAP POSITION AC LOADCENTER OVP (OPTIONAL) TOP FRONT BOTTOM41.3"Ø12" DIMENSIONS (WxDxH):41.3"xØ12" COMMSCOPE SCC-760236966 MECHANICAL SPECIFICATIONS WEIGHT: 58 LBS. (26KG) MOUNTING: MOUNTS TO TOP OF POLE ERICSSON - RADIO 2205 EQUIPMENT SHROUD DIMENSIONS (WxDxH):7.87"x4.84"x7.87", INCLUDING MOUNTING BRACKET AND ESTHETIC FRONT COVER ERICSSON - MICRO RADIO 2205 MECHANICAL SPECIFICATIONS VOLUME AND WEIGHT: 4 LITRES AND < 4 kg (8.82 lbs) MOUNTING: WALL AND POLE MOUNT INTERFACE SPECIFICATIONS: ANTENNA PORTS:2 x 4.3-10(F) EXTERNAL ALARM:2 POWER SUPPLY:-48 VCD OR 100 -250 VAC ELECTRICAL SPECIFICATIONS: CPRI: 2 x 2.5/5/10 Gbps (EXCHANGEABLE SFP MODULES) OPTICAL INDICATORS:6 FIELD GROUND:1 7.87"7.87" FRONT SIDE TOP 7.87"4.84"4.84"7.87"BACK 7.87"7.87"ERICSSON POWER OUTPUT:97 WATTS MAX MAX HEAT DISSIPATION:90 WATTS MINIMUM AC FUSE RATING:6 AMP 2 - 7 - SCE UN-METERED FUSED PANEL 5 7 14 963 28 1 10 6 2 5 4 7 98 3 PA2019-113 103 SHEET TITLE SHEET NUMBER IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. DRAWN BY: CHECKED BY: MM AL SITE ID: CSTAM 007A CITY STREETLIGHT NO. SLC0902 LOCATED AT THE NORTHWEST CORNER OF 38TH STREET AND LAKE AVENUE NEWPORT BEACH, CA 92663 330 COMMERCE, STE. 200 IRVINE, CA 92602 A 09/17/2018 90% CD'S REV DATE DESCRIPTION F 05/12/2020 100% CD'S REVISED B 09/21/2018 100% CD'S C 08/30/2019 100% CD'S D 09/27/2019 100% CD'S E 10/17/2019 100% CD'S REVIESD 1452 EDINGER AVE. TUSTIN, CA 92780 DATE SIGNED: 05/12/2020 EXPIRATION DATE: 06/30/2021 DETAILS D-2 POLE MOUNTED SIGNS NOT USEDNOT USED 431 5 2 ANTENNA SIGNAGE EMERGENCY CONTACT SIGN 5"8"Please Reference Site ID Phone: (877) 231-5447 E-mail: atttowers@att.com In case of Emergency Contact AT&T TOWERS Site ID FCC ID 5"4"Stay Back Radio-frequency energy may exceed exposure limits. If questions, contact facility owner. GC TO ADD OWNER INFORMATION TO DECAL SIGN Phone: (877) 231-5447 E-mail: atttowers@att.com WINDBREAKER BRACKET SYSTEM STREETLIGHT POLE STEEL BANDING KIT W/ BANNER ARM TYP.TOP & BOTTOM TO COMPLY WITH CITY BANNER POLICY L-16, WIND LOAD 90MPH (FUTURE BY OTHERS) BANNER ANTI-GRAFFITI COATING ON SIGN ANTI-GRAFFITI COATING ON SIGN NEW FOUNDATION ALL REBAR CAGE SHALL BE EPOXY COATED PA2019-113 104 D-3 SHEET TITLE SHEET NUMBER IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. DRAWN BY: CHECKED BY: MM AL SITE ID: CSTAM 007A CITY STREETLIGHT NO. SLC0902 LOCATED AT THE NORTHWEST CORNER OF 38TH STREET AND LAKE AVENUE NEWPORT BEACH, CA 92663 330 COMMERCE, STE. 200 IRVINE, CA 92602 A 09/17/2018 90% CD'S REV DATE DESCRIPTION F 05/12/2020 100% CD'S REVISED B 09/21/2018 100% CD'S C 08/30/2019 100% CD'S D 09/27/2019 100% CD'S E 10/17/2019 100% CD'S REVIESD 1452 EDINGER AVE. TUSTIN, CA 92780 DATE SIGNED: 05/12/2020 EXPIRATION DATE: 06/30/2021 CITY OF NEWPORT DETAILS NOT USED NOT USED SIDEWALK DETAIL TRENCH RESURFACING NOT USED ROADWAY TRENCH PARKWAY TRENCH 2 1 4 3 6 5 8 7 LUMINAIRE ATTACHMENT BACK VIEW BOTTOM VIEW NOTE: SECURLY TIGHTEN BOLTS TO 19.7 FT-LBS BY ALTERMATING FROM BOLTS TO BOLTS IN EQUAL MEASURED AMOUNTS OF 25% TORQUE TO AVOID CROSS-THREADING - D-4 PA2019-113 105 D-4 SHEET TITLE SHEET NUMBER IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. DRAWN BY: CHECKED BY: MM AL SITE ID: CSTAM 007A CITY STREETLIGHT NO. SLC0902 LOCATED AT THE NORTHWEST CORNER OF 38TH STREET AND LAKE AVENUE NEWPORT BEACH, CA 92663 330 COMMERCE, STE. 200 IRVINE, CA 92602 A 09/17/2018 90% CD'S REV DATE DESCRIPTION F 05/12/2020 100% CD'S REVISED B 09/21/2018 100% CD'S C 08/30/2019 100% CD'S D 09/27/2019 100% CD'S E 10/17/2019 100% CD'S REVIESD 1452 EDINGER AVE. TUSTIN, CA 92780 LUMINAIRE SPECS FOR REFERENCE ONLYPA2019-113 106 SHEET TITLE SHEET NUMBER IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. DRAWN BY: CHECKED BY: MM AL SITE ID: CSTAM 007A CITY STREETLIGHT NO. SLC0902 LOCATED AT THE NORTHWEST CORNER OF 38TH STREET AND LAKE AVENUE NEWPORT BEACH, CA 92663 330 COMMERCE, STE. 200 IRVINE, CA 92602 A 09/17/2018 90% CD'S REV DATE DESCRIPTION F 05/12/2020 100% CD'S REVISED B 09/21/2018 100% CD'S C 08/30/2019 100% CD'S D 09/27/2019 100% CD'S E 10/17/2019 100% CD'S REVIESD 1452 EDINGER AVE. TUSTIN, CA 92780 POLE DETAILS S-1 FOR REFERENCE ONLY POLE DETAILS 1 PA2019-113 107 SHEET TITLE SHEET NUMBER IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. DRAWN BY: CHECKED BY: MM AL SITE ID: CSTAM 007A CITY STREETLIGHT NO. SLC0902 LOCATED AT THE NORTHWEST CORNER OF 38TH STREET AND LAKE AVENUE NEWPORT BEACH, CA 92663 330 COMMERCE, STE. 200 IRVINE, CA 92602 A 09/17/2018 90% CD'S REV DATE DESCRIPTION F 05/12/2020 100% CD'S REVISED B 09/21/2018 100% CD'S C 08/30/2019 100% CD'S D 09/27/2019 100% CD'S E 10/17/2019 100% CD'S REVIESD 1452 EDINGER AVE. TUSTIN, CA 92780 ADAPTER PLATE DETAILS S-2 FOR REFERENCE ONLY ADAPTER PLATE DETAILS 1 PA2019-113 108 SHEET TITLE SHEET NUMBER IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. DRAWN BY: CHECKED BY: MM AL SITE ID: CSTAM 007A CITY STREETLIGHT NO. SLC0902 LOCATED AT THE NORTHWEST CORNER OF 38TH STREET AND LAKE AVENUE NEWPORT BEACH, CA 92663 330 COMMERCE, STE. 200 IRVINE, CA 92602 A 09/17/2018 90% CD'S REV DATE DESCRIPTION F 05/12/2020 100% CD'S REVISED B 09/21/2018 100% CD'S C 08/30/2019 100% CD'S D 09/27/2019 100% CD'S E 10/17/2019 100% CD'S REVIESD 1452 EDINGER AVE. TUSTIN, CA 92780 DATE SIGNED: 05/12/2020 EXPIRATION DATE: 06/30/2021 ELECTRICAL DETAILS E-1 SINGLE LINE DIAGRAMGROUNDING SCHEMATIC NOT USED STRIKESORB 120V PROTECTION DISCONNECT SWITCH CONNECTION FOR POWER IN JUMPER GROUND CONNECTIONS 7 AMP CIRCUIT BREAKERS CHASSIS GROUND CONNECTION DEAD -FRONT FOR LIVE COMPONENTS BREAKER SCHEDULE 5 D-1 ERICSSON ERICSSON 2 D-1 5 D-1 2 D-1 5 D-1 1 D-1 ERICSSON 4 D-1 4 D-1 ERICSSON 9 D-1 8 D-1 9 D-1 8 D-1 PICO PLUMBING DIAGRAM x x x x x x NOTES 246 135 PA2019-113 109 SCE POWER DESIGN SCE-1 SHEET TITLE SHEET NUMBER IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. DRAWN BY: CHECKED BY: MM AL SITE ID: CSTAM 007A CITY STREETLIGHT NO. SLC0902 LOCATED AT THE NORTHWEST CORNER OF 38TH STREET AND LAKE AVENUE NEWPORT BEACH, CA 92663 330 COMMERCE, STE. 200 IRVINE, CA 92602 A 09/17/2018 90% CD'S REV DATE DESCRIPTION F 05/12/2020 100% CD'S REVISED B 09/21/2018 100% CD'S C 08/30/2019 100% CD'S D 09/27/2019 100% CD'S E 10/17/2019 100% CD'S REVIESD 1452 EDINGER AVE. TUSTIN, CA 92780 FOR REFERENCE ONLY FINAL POWER 1 PA2019-113 110 SCE POWER DESIGN SCE-2 SHEET TITLE SHEET NUMBER IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. DRAWN BY: CHECKED BY: MM AL SITE ID: CSTAM 007A CITY STREETLIGHT NO. SLC0902 LOCATED AT THE NORTHWEST CORNER OF 38TH STREET AND LAKE AVENUE NEWPORT BEACH, CA 92663 330 COMMERCE, STE. 200 IRVINE, CA 92602 A 09/17/2018 90% CD'S REV DATE DESCRIPTION F 05/12/2020 100% CD'S REVISED B 09/21/2018 100% CD'S C 08/30/2019 100% CD'S D 09/27/2019 100% CD'S E 10/17/2019 100% CD'S REVIESD 1452 EDINGER AVE. TUSTIN, CA 92780 FOR REFERENCE ONLY FINAL POWER 1 PA2019-113 111 SCE POWER DESIGN SCE-3 SHEET TITLE SHEET NUMBER IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. DRAWN BY: CHECKED BY: MM AL SITE ID: CSTAM 007A CITY STREETLIGHT NO. SLC0902 LOCATED AT THE NORTHWEST CORNER OF 38TH STREET AND LAKE AVENUE NEWPORT BEACH, CA 92663 330 COMMERCE, STE. 200 IRVINE, CA 92602 A 09/17/2018 90% CD'S REV DATE DESCRIPTION F 05/12/2020 100% CD'S REVISED B 09/21/2018 100% CD'S C 08/30/2019 100% CD'S D 09/27/2019 100% CD'S E 10/17/2019 100% CD'S REVIESD 1452 EDINGER AVE. TUSTIN, CA 92780 FOR REFERENCE ONLY FINAL POWER 1 PA2019-113 112 SCE POWER DESIGN SCE-4 SHEET TITLE SHEET NUMBER IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. DRAWN BY: CHECKED BY: MM AL SITE ID: CSTAM 007A CITY STREETLIGHT NO. SLC0902 LOCATED AT THE NORTHWEST CORNER OF 38TH STREET AND LAKE AVENUE NEWPORT BEACH, CA 92663 330 COMMERCE, STE. 200 IRVINE, CA 92602 A 09/17/2018 90% CD'S REV DATE DESCRIPTION F 05/12/2020 100% CD'S REVISED B 09/21/2018 100% CD'S C 08/30/2019 100% CD'S D 09/27/2019 100% CD'S E 10/17/2019 100% CD'S REVIESD 1452 EDINGER AVE. TUSTIN, CA 92780 FOR REFERENCE ONLY FINAL POWER 1 PA2019-113 113 50' TAPE R 50' OPE NI N G 50'100'100'100'1 0 0 ' 1 0 0 ' 5 0 ' 1 0 0 ' 1 0 0 ' 1 0 0 '100'1 0 0 ' 1 0 0 '100'              100'1 0 0 ' 1 0 0 ' 1 0 0 '    TRAFFIC CONTROL PLAN TC-1 SHEET TITLE SHEET NUMBER IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. DRAWN BY: CHECKED BY: MM AL SITE ID: CSTAM 007A CITY STREETLIGHT NO. SLC0902 LOCATED AT THE NORTHWEST CORNER OF 38TH STREET AND LAKE AVENUE NEWPORT BEACH, CA 92663 330 COMMERCE, STE. 200 IRVINE, CA 92602 A 09/17/2018 90% CD'S REV DATE DESCRIPTION F 05/12/2020 100% CD'S REVISED B 09/21/2018 100% CD'S C 08/30/2019 100% CD'S D 09/27/2019 100% CD'S E 10/17/2019 100% CD'S REVIESD 1452 EDINGER AVE. TUSTIN, CA 92780 DATE SIGNED: 05/12/2020 EXPIRATION DATE: 06/30/2021 TRAFFIC CONTROL PLAN 1 NOTES: 1. ALL TRAFFIC CONTROL DEVICES SHALL CONFORM TO THE LATEST EDITION OF THE CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (2014 CALIFORNIA MUTCD) AND THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION. 2. THE CITY TRAFFIC ENGINEER OR HIS REPRESENTATIVE HAS THE AUTHORITY TO INITIATE FIELD CHANGES TO ASSURE PUBLIC SAFETY. 3. ALL TRAFFIC CONTROL DEVICES SHALL BE REMOVED FROM VIEW WHEN NOT IN USE. 4. WORK HOURS SHALL BE RESTRICTED TO THE PERIOD BETWEEN 7:00 A.M. AND 5:00 P.M., MONDAY THROUGH FRIDAY, UNLESS APPROVED OTHERWISE. WHEN NIGHT WORK IS REQUIRED, WORK HOURS SHALL BE 9:00 P.M. TO 5:00 A.M. SUNDAY THROUGH FRIDAY. 5. TRENCHES MUST BE BACK FILLED OR PLATED DURING NON-WORKING HOURS. 6. PEDESTRIAN CONTROLS SHALL BE PROVIDED AS SHOWN ON THE PLANS. 7. TEMPORARY "NO PARKING SIGNS" SHALL BE POSTED 72 HOURS PRIOR TO COMMENCING WORK IN ALL PARKING ZONES. 8. ACCESS TO DRIVEWAYS WILL BE MAINTAINED AT ALL TIMES UNLESS OTHER ARRANGEMENTS ARE MADE. 9. THE CONTRACTOR SHALL REPLACE WITHIN 72 HOURS ALL TRAFFIC SIGNAL LOOP DETECTORS DAMAGED DURING CONSTRUCTION. 10. THE CONTRACTOR SHALL REPLACE WITHIN 24 HOURS, ALL STRIPING, REMOVED OR DAMAGED BY CONSTRUCTION WORK. (STRIPING MAY BE REPLACED TEMPORARILY WITH TAPE.) 11. ALL WORKERS SHALL BE EQUIPPED WITH AN ORANGE VEST (OR A REFLECTIVE VEST AT NIGHT). ALL FLAGGERS SHALL BE EQUIPPED WITH A HARD HAT, C28 "STOP/SLOW" PADDLE AND SHALL BE TRAINED IN THE PROPER FUNDAMENTALS OF FLAGGING TRAFFIC. 12. ANY WORK THAT DISTURBS NORMAL TRAFFIC SIGNAL OPERATIONS SHALL BE COORDINATED WITH THE CITY 48 HOURS PRIOR TO BEGINNING CONSTRUCTION. 13. THE CONTRACTOR SHALL MAINTAIN ALL TRAFFIC DEVICES 24 HOURS PER DAY AND 7 DAYS PER WEEK. 14. A MINIMUM OF 10' TRAVEL LANES MUST BE MAINTAINED UNLESS OTHERWISE APPROVED THE CITY. 15. ALL NIGHT WORK WILL REQUIRE WRITTEN APPROVAL FROM THE CITY. LANE CLOSURES, ROAD DETOURS, AND TRAFFIC SIGNAL MODIFICATIONS ASSOCIATED WITH OVERNIGHT CONSTRUCTION ACTIVITIES WILL REQUIRE WARNING SIGNS BE PLACED AT LEAST ONE WEEK IN ADVANCE OR STARTING CONSTRUCTION. 16. A SOLAR POWERED FLASHING ARROW BOARD SHALL BE REQUIRED ON ALL ARTERIAL STREET LANE CLOSURES. 17. THE CONTRACTOR SHALL NOTIFY TRANSIT AUTHORITY IN ADVANCE AND PROVIDE TEMPORARY RELOCATED BUS STOPS. 18. TRAFFIC CONTROL PLAN COMPLIES WITH 2016 WATCHBOOK REQUIREMENTS. TYPE I BARRICADE W/ PROPOSED SIGNS FLASHING ARROW SIGN CHANNELIZING DEVICE HIGH LEVEL WARNING DEVICE W/ PROPOSED SIGN PROPOSED SIGN AND POST TYPE I BARRICADE TYPE III BARRICADE TYPE III BARRICADE W/ PROPOSED SIGNS SIGNALIZED INTERSECTION CONSTRUCTION AREA FLAGGER LEGEND MINIMUM RECOMMENDED DELINEATOR/CONE & SIGN PLACEMENT TABLE 6H-4 FORMULAS BASED ON 12' WIDE LANES: 40 MPH OR LESS L=WS²/60 45 MPH OR MORE L=WS L FOR MERGE TAPER 1/2L FOR SHIFT TAPER 1/3L FOR SHOULDER TAPER POSTED SPEED LIMIT TAPER LENGTH "L" EACH LANE DELINEATOR SPACING TAPER TANGENT SIGN SPACING "S" ADVANCE OF TAPERS & BETWEEN SIGNS BUFFER SPACE TANGENT SPACE 100 FT MIN= 205 FT 257 FT 315 FT 378 FT 446 FT 520 FT 598 FT 682 FT 158 FT 180 FT 245 FT 320 FT 540 FT 600 FT 660 FT 720 FT 780 FT 125 FT 60 FT 70 FT 80 FT 100 FT 100 FT 100 FT 100 FT 100 FT 50 FT 30 FT 35 FT 40 FT 50 FT 50 FT 50 FT 50 FT 50 FT 25 FT25 MPH 30 MPH 35 MPH 40 MPH 45 MPH 50 MPH 55 MPH 60 MPH 65 MPH 180 FT 245 FT 320 FT 540 FT 600 FT 660 FT 720 FT 780 FT 125 FT NE N E SESW W N W S W PHASE 1 1. TRAFFIC CONTROL PLANS ARE NOT TO BE USED FOR CONSTRUCTION AND NEW TCP WILL BE SUBMITTED AND APPROVED AS PART OF THE ENCROACHMENT PERMIT APPLICATION. CITY NOTE PA2019-113 114     SITE SURVEY TOPOGRAPHIC SURVEY CRAN_RLOS_ CSTAM_007 NEWPORT BEACH, CA 92663 3714 LAKE AVENUE REV DESCRIPTIONDATE BY C-1 CHARLES L. SCOTT III, PLS 8742 EXP.12/31/2020 Registration No. in the State of California.            ERICSSON 330 COMMERCE, STE. 200 IRVINE, CA 92602 1452 EDINGER AVE. TUSTIN, CA 92780 PA2019-113 115 Community Development Department CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment Memorandum To: Chair Weigand and Planning Commissioners From: Benjamin M. Zdeba, AICP, Senior Planner Date: October 19, 2020 Re: AT&T Small Cell SLC0902 Appeal (PA2019-113) Revised Draft Resolution for Approval ________________________________________________________________ After publication of the staff report and draft Resolution for the subject item, staff determined the proposed location of the facility is not located between the first public roadway paralleling the sea and the sea. Instead, it is located within the first public roadway. The draft Resolution has been revised to reflect this change and the changed portions are enclosed in redline-strikeout format for consideration at Thursday’s hearing. Planning Commission - October 22, 2020 Item No. 4a Additional Materials Received by Staff AT&T Small Cell SLC09002 Appeal (PA2019-113) Planning Commission Resolution No. PC2020-034 Page 4 of 11 02-03-2020 accomplished with a traditional macro collocation or building mounted site in the area, as it is focused to fill a coverage gap for the area and there are no viable buildings in the area. 3. Three nearby streetlights were identified and investigated by the Applicant as possible alternate locations for the small cell facility however none of the sites were found to be suitable alternatives due to factors such as either the existing narrow width of the adjacent sidewalk or proximity to a residential structure. The proposed site provides greater separation from residences and impacts to public views will be minimal. There were no opportunities for colocation within the area. 4. The project site abuts a vacant City-owned parcel to the west with residentially zoned properties surrounding it. The streetlight pole is located within an existing landscaped area, which provides visual interest and distraction from the streetlight. The taller palm trees and their trunks will help to mask the equipment shroud on top of the streetlight pole, which is anticipated to lessen the general visibility of the proposed small cell facility and helps to ensure visual compatibility with the surrounding neighborhood and its residential character. 5. The existing and replacement streetlight poles are not and will not impact the view or character of the entrance and exit point to Newport Island, as seen when crossing the bridge. The decorative acorn-style streetlamps are situated at a lower height, will not be impacted, and will still frame the entrance to Newport Island. The visual character and charm of the area will be maintained and is not expected to be negatively impacted by the project based on a visual impact analysis of project renderings. 6. Pursuant to Subsection 21.49.050(B) of the NBMC, the Project has been reviewed for compliance consistency with the Public View Protection regulations of Section 21.49.050(B) (Public View Protection) of the NBMC. This section requires that all telecom projects comply with 21.30.100 (Scenic and Visual Quality Protection). While 38th Street is considered the first public roadway paralleling the sea and the sea, the subject location is located between within the first public roadway and, therefore, paralleling the sea and the sea ; however, it is not between the first public roadway paralleling the sea and the sea. It further is not on a coastal bluff, or canyon, beach or public accessway, as identified on the Coastal Land Use Plan Map 4-3 (Coastal Views), and does not contain significant natural landforms or vegetation. Although the project site may be visible from Newport Island Park approximately 175 feet northwest, as well as the Rive Alto canal, the replacement streetlight pole will be placed in the same location as the existing streetlight pole. The shroud on top is not anticipated to be highly noticeable from any vantage point at the park or on the water, especially given that there are existing taller palm trees immediately surrounding the proposed site. These trees will serve to mask the facility and its additional height. The project also will not be visible from 38th Street Park, which is located approximately 175 feet southwest of the site with two rows of residential development in between. While it may be visible from the Lake Street Park, across 38th Street to the east, views from this park are towards the canal looking down the Rialto, such that the project will have no negative impacts on said views. Planning Commission Resolution No. PC2020-034 Page 5 of 11 02-03-2020 7. The Project involves the removal and replacement of an existing City streetlight in the same location with the same luminaire height. It has been designed to blend with its surroundings and, while it will be visible, 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. There will be no negative impacts on coastal views or coastal resources with the Project’s implementation. 8. The proposed replacement streetlight and antenna structure will comply with the maximum allowable height limit of 35 feet from existing finished grade. Finding: B. 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. 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, staff has determined the proposal is allowed since the facility would be installed at an existing streetlight pole location, which meets the intent of limiting new vertical projections closer to the coastline. 1. As discussed in Fact in Support of Finding A.6, SLC0902 is not located between the nearest public road paralleling the sea and the sea. The Project site is within an existing landscaped area on 38th Street near Lake Avenue and the Newport Island Bridge . All equipment will be either concealed within the replacement pole or vaulted below grade. There will be no changes or obstructions to the pedestrian right -of-way and access 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. 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. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City’s Planning Commission hereby finds this Project is categorically exempt from CEQA pursuant to Sections 15302 and 15303 under Class 2 (Replacement or From:Nikki Leeper To:Planning Commissioners Subject:ATT small cell towers Date:Saturday, October 17, 2020 7:09:03 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners, I am strongly against allowing these small cell towers into our neighborhoods, near our homes. This level of frequency from 5g has not been properly tested and has the potential to cause untold harm to our residents! Neighborhoods across the world are starting to wake up to this danger and pushing back against the rollout of this technology. Please keep Newport residents safe and at least put a moratorium on this rollout until we have more data and testing for this technology. We know that radiation and cell towers have been proven to cause cancer, why would we put these new ones in our neighborhoods? Thank you! Nikki Leeper Sent from my iPhone Planning Commission - October 22, 2020 Item No. 4b Additional Materials Received AT&T Small Cell SLC09002 Appeal (PA2019-113) From:gohea To:Planning Commissioners Subject:Cell tower at Newport Island bridge Date:Monday, October 19, 2020 12:02:40 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commission, It is my understanding that the 5G wireless proposal for the Newport Island bridge meets none of the stated exceptions, thus it is not only not exempt from the CDP requirement, but its construction is prohibited by the IP. Thank you for your time. Gail O'Hea 4001 Marcus Ave Sent from my Verizon, Samsung Galaxy smartphone Planning Commission - October 22, 2020 Item No. 4b Additional Materials Received AT&T Small Cell SLC09002 Appeal (PA2019-113) October 22, 2020, Planning Commission Item 4 Appeal These comments on a Newport Beach Planning Commission agenda item are submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 4. AT&T SMALL CELL SLC0902 APPEAL, at the northwestern corner of 38th Street and Lake Avenue (PA2019-113) Summary As the appellant, I can say that given the City’s responsibility to approve Coastal Development Permits consistent with the California Coastal Act, the denial of this CDP application should not be a difficult decision. This application is to create a new telecom facility in a highly exposed area of public open space, immediately adjacent to the coastal resource of the Newport Island canals, within feet of the high tide line, where installations of the sort proposed are specifically prohibited by our Local Coastal Program Implementation Plan (Title 21 of the Municipal Code) – and yet approval was granted despite less exposed, non-prohibited alternatives being readily available that might even provide better coverage. Moreover, the Zoning Administrator’s approval of an installation at this prohibited location seems to have been based on a wish to avoid impacts to residents at the expense of impacts to the general public, including visitors to the coastal zone, which is the opposite of the priorities of the Coastal Act. And the approval seems to have been further based on an apparently erroneous concern that installation at the alternative sites would exacerbate ADA issues. Prelude Before getting into more specific reasons for the appeal (which were expressed at the Zoning Administrator hearings, in the present Attachment PC 2 Appeal Form and the following email, but are passed off with a single sentence in the staff report), it seems important to establish that beauty is in the eye of beholder: these “small” cell proposals are not, to many, the barely noticeable installations that staff would lead the Commission to believe they are. From the plans on page 107, these involve a 31” pole extension on top of which is add 41.3” of 12” diameter shroud and another 24.9” of 10” diameter shroud, for a total extension of roughly 8 feet. The approval is much like approving an exceptionally tall basketball player standing permanently on top of the streetlight. Planning Commission - October 22, 2020 Item No. 4c Additional Materials Received AT&T Small Cell SLC09002 Appeal (PA2019-113) October 22, 2020, PC agenda Item 4 appeal statement - Jim Mosher Page 2 of 5 Even when painted gray, such a thing is quite noticeable, at least to me – and arguably more visually intrusive than the older, more “macro” designs of a decade ago, when antennas of similar length were strapped to the sides of the streetlight pole below the luminaire, as can be seen on Coast Highway in front of Bayshores, and partway up the Superior Avenue hill.1 Prior Hearing History The staff report glosses over not only the appeal, but staff’s errors made at the previous hearings before the Zoning Administrator. As obliquely alluded to on page 8 of the staff report, the Zoning Administrator originally heard this application as Item 3 on May 28, 2020 (see minutes and resulting Resolution No. ZA2020- 047). At that time, staff acknowledged the proposed location was one prohibited by our Local Coastal Program, but asserted a Coastal Development Permit was not required because of the “repair and maintenance” exception in our Implementation Plan2 and in the Coastal Act,3 and that even if a CDP were required, the location is not prohibited. I submitted written comments (starting on page 79 of the Item 3 archive) rebutting both those contentions, including pointing out that adding cell antennas is not part of the normal maintenance of a city streetlight, nor “repair” of one, later (see page 89 of the August 27 ZA archive), that even if it were, the general repair and maintenance exception in the Coastal Act does not apply to proposals, like this, for activity within 20 feet of coastal waters.4 Staff eventually acknowledged this was not an exempted proposal for routine repair or maintenance of a streetlight, but continues to assert the prohibition on new cell installations between the first public road and the sea does not apply (see more about this in the next section). The staff report also does not mention that at the August 27 hearing (from which the present item is an appeal), the Zoning Administrator, in acknowledging the proposal was for construction within 20 feet of coastal waters, added an “additional condition” regarding safe handling of construction debris to the resulting Resolution No. ZA2020-057 which has, inexplicably, not been preserved in the resolution being presented for approval by the Planning Commission. Finally, the staff report does not mention that as Item 3 at the following hearing, on September 10, 2020, the Zoning Administrator heard a very similar proposal from AT&T for an installation on Channel Road near the City’s West Jetty View Park at the entrance to Newport Harbor. As here, there was a choice between placing the cell structure on a streetlight in the public open space or by a sidewalk in front of a private residence. Unlike here, in that case, the resident- adjacent sidewalk location was chosen, even though it had a greater impact on residents. The 1 The older designs seemed to require much larger support vaults at ground level, but did not seek vertical pole extensions like these new “small cells.” 2 NBMC Section 21.52.035.C.4 3 Public Resources Code Section 30610(d) 4 See 14 CCR § 13252(a)(3)(B) Planning Commission - October 22, 2020 Item No. 4c Additional Materials Received AT&T Small Cell SLC09002 Appeal (PA2019-113) October 22, 2020, PC agenda Item 4 appeal statement - Jim Mosher Page 3 of 5 ostensible reasons were: (1) the installation in the open space would be more visually intrusive for the general public, and (2) the park location would require open trenching disturbing the City landscaping. That first bit of reasoning seems equally applicable here. The latter bit seems to be a smokescreen intended to cover the discrepancy between that outcome and this, for the present staff report says on page 6 that AT&T’s contractors can use directional boring to avoid disruption to the land surface. Why this Proposal is Prohibited at the Proposed Site Although there may be some doubt about City staff’s characterization of the application as being for a Class 3 (Public Right of Way) installation,5 the location is indubitably between the sea and the first public road paralleling the sea as defined by the Coastal Commission. Although the staff report does not provide the Commission with a copy of the relevant code to review, as explained in detail in my written comments submitted to the August 27, 2020, Zoning Administrator hearing, with a few exceptions, none of which apply here, new telecom facilities are prohibited in that area. The specific passage is NBMC Subsection 21.49.040.B, which 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.” While acknowledging this, staff glosses over the prohibition by stating, falsely, in Section 3.A.1 of the proposed Planning Commission resolution, on handwritten page 21, that “It is not proposed at a location that is prohibited by NBMC Subsection 21.49.040(B) (Prohibited Locations)” and in “Fact” 3.B.1 on page 23 that “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, staff has determined the proposal is allowed since the facility would be installed at an existing streetlight pole location, which meets the intent of limiting new vertical projections closer to the coastline.” As indicated in my prior written comments, much like the staff’s erroneous application of the “repair and maintenance exception,” this reading is completely unsupported by the clear text of the Implementation Plan. Every structure exempted from the prohibition is clear defined in the IP: “utility tower” in Subsection 21.49.030.Q, “facility” in Subsection 21.49.030.O and “building” in Subsection 21.70.020.B. 5 Although the property on which the existing streetlight SLC0902 is placed seems to have been reserved as public right of way when the Canal Section of Newport Beach was subdivided in 1907, and while it is not shown as a parcel on the Orange County Tax Collector’s map, by the 1950’s it shows up as a triangular lot with an “unclassified” land use designation on the City’s District Map No. 3, and at some point it acquired the address of 3714 Lake Avenue, and is shown in our General Plan, Zoning Code, Coastal Land Use Plan and Implementation Plan as a City-owned R-2 zoned (“RT” in the GP/CLUP) lot. Should the property not be PROW, the proposal would presumably be for a “Class 2 (Visible Antennas): a facility with antennas mounted on an existing nonresidential building, structure, pole, light standard, utility tower, wireless tower and/or lattice tower” installation, but that would not affect the analysis. Planning Commission - October 22, 2020 Item No. 4c Additional Materials Received AT&T Small Cell SLC09002 Appeal (PA2019-113) October 22, 2020, PC agenda Item 4 appeal statement - Jim Mosher Page 4 of 5 There is some logic to those choices, and since an existing streetlight is not one of the exceptions, the proposal is prohibited and that should be the end of the matter. Indeed, allowing something that is prohibited by the code should, at minimum, require staff to make the findings in Section 21.52.090 for Relief from Implementation Plan Development Standards. But it appears that cannot be done, for among the regulations that cannot be waived, according to Subsection 21.52.090.B, are “prohibited uses” and “specific prohibitions.” Why this is a Poor Choice Even if it Were Not Prohibited The proposed location is obviously a very exposed location that will be seen by many. It is also a location where according to the existing coverage map, voluntarily supplied by AT&T and reproduced on handwritten page 88 of the staff report, the need for coverage is less acute than at others, such as Alternative #3 at the corner of 39th Street and River Avenue. Regarding views, the staff report does not make clear that Newport Island Park is not only a park, but a designated public view location on Map 4-3 (page 1 of 3) of our Local Coastal Plan, which, as acknowledged in Fact 3.A.6 on handwritten page 22 is supposed to trigger enhanced scrutiny of the view impacts under Section 21.49.050(B), which states that “In general, telecom facilities shall be located outside any public viewshed to or along the ocean, bay, beach or coastal bluffs. Additionally, potential impacts from a new or modified telecom facility to public views that are not identified by the Coastal Land Use Plan shall be evaluated to determine if inclusion in the Coastal Land Use Plan would be appropriate. If deemed appropriate for inclusion, the potential impacts to such public views shall be considered,” and for all new telecom projects requires compliance with Section 21.30.100, which, in turn, requires a view impact analysis “prepared at the project proponent’s expense.” I have not seen that and I am skeptical of City staff’s visual analysis, which has morphed from saying, in Resolution No. ZA2020-47, that it will be “indistinguishable” from Newport Island Park, to “is not anticipated to be detectable from any vantage point at the park” in Resolution No. ZA2020-47, to the present resolution which is proposed to say “The shroud on top is not anticipated to be highly noticeable from any vantage point at the park” to which is added, very dubiously, “or on the water.” I find it very hard to believe a boater on the water of the Rivo Alto canal, 30 feet away, would not notice a structure the size of an exceptionally tall basketball player perched atop the streetlight pole. The Erroneous Reasons for Which Alternative #3 was Rejected The present staff report simply repeats the alternatives analysis from the earlier staff reports and does not provide any further explanation I can find of why Alternative #3 was rejected when it was suggested as a better location at the previous hearings. Planning Commission - October 22, 2020 Item No. 4c Additional Materials Received AT&T Small Cell SLC09002 Appeal (PA2019-113) October 22, 2020, PC agenda Item 4 appeal statement - Jim Mosher Page 5 of 5 My recollection is the Zoning Administrator offered two reasons, reiterated in Fact 3.A.3 on handwritten page 22 of the proposed resolution. First, he said he did not want to put a cell installation so close to a private residence. While that is a laudable sentiment, it is contrary to the intent of the Coastal Act, which is to maximize the enjoyment of coastal resources by the public in general, especially visitors, and not primarily the few lucky enough to live permanently in the coastal zone. Indeed, the “Purpose” clause of Section 21.30.100 says: “A. Purpose. The purpose of this section is to ensure that development shall be sited and designed to protect and, where feasible, enhance the scenic and visual qualities of the coastal zone, including public views to and along the ocean, bay, and harbor and to coastal bluffs and other scenic coastal areas.” The proposed site at the Newport Island bridge appears to be in a more exposed, more highly visited location (there is, after all not only the bridge and the canals but also the Lake Street Park immediately adjacent) than Alternative #3 by an inland side street. Placing the antenna shroud atop streetlight SLC0902 does nothing to protect or enhance the visual qualities of the coastal zone. It is much more impactful to the public than Alternative #3. Second, I believe the Zoning Administrator said the sidewalk at Alternative #3 is very narrow, and replacing the existing City streetlight with the “slightly larger” AT&T replacement pole would make a bad situation worse. That argument appears to be erroneous, for according to AT&T’s “existing” versus “new” engineering drawings on handwritten page 101, the base of the proposed replacement poles has the identical 17” diameter as the existing City poles. W hile there may be ADA issues along River Avenue, I do not see how implementation of Alternative #3 (or any of the other alternatives) would make it worse. While no location is likely to be perfect, Alternative #3, as previously noted, is at a location where, according to AT&T’s own data, existing signal strength is notably poorer than it is by the bridge or at the other alternative locations. It would, therefore, appear to be significantly more useful to the applicant than the proposed prohibited location. Conclusion This application should be denied because it proposes new development that is clearly prohibited by our certified Local Coastal Program Implementation Plan (Title 21 of the NBMC). Violating the IP seems particularly unfathomable when, as here, alternatives appear to exist that would fulfill the applicant’s objectives (perhaps even better than the prohibited location) without violating the IP. Planning Commission - October 22, 2020 Item No. 4c Additional Materials Received AT&T Small Cell SLC09002 Appeal (PA2019-113) From:Gina Unsworth To:Planning Commissioners Subject:ITEM #4 ON THE PLANNING COMMISIONIONER"S AGENDA FOR OCTOBER 22ND, 2020 Date:Wednesday, October 21, 2020 4:14:53 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Sr/Madam Please see below my points which I would like you to consider in the appeal of the telecom cell tower application at the foot of the Newport Island bridge -- Item 4 on the agenda of Planning Commission's October 22nd 2020. 1- Years ago the city and residents of Newport Island worked together to have all utilities be put underground which would help beautify the area. Residents covered these costs out of their own pocket which was thousands of dollars. To now raise this eyesore on their very doorstep appears to be a gross negligence and lack concern for monetary investment previously made by the residents in trying to beautify the area. The city did not cover the costs, the residents did. 2-The city is currently underway with a further project to put utilities underground for other streets close by to the island (West Newport Utility Project). Again it seems contrary to the goal of making the area beautiful aiming to be without 'ugly utilities' to then go and erect and even larger utility. In fact the absence of other utilities will actually make the cell tower stand out to be more of a blight as there will be nothing else like it around. 3- The entrance marquee to the island recently undertook a makeover to help beautify it. Given that this is the area which welcomes many visitors, then the erection of a cell tower seems to negate the very actions of the residents, who are trying to make this coastal region as pleasing as possible to the eye for everyone who lives here and who visits from out of town. 4-Newport Island residents pay out of their own pocket to beautify the bridge at festive times such as Christmas as this is an area which many people come to for photo ops. It would be a great shame to create a contrary scene with a large utility pole in the background which will be visible from every angle and from the water. I can't see any gondola with it's happy couple, taking a stop to have a romantic photo captured with such a blight for a backdrop. The canals are a major tourist destination and a cell tower would be a gross negligence to the enjoyment of every resident and visitor. 5-The city has just paid out to improve the park on Newport Island. Every visitor who has to enter the island to use that park will not be able to do so without a rather monstrous cell tower to behold. Given that the area has palm trees and beautiful blue skies of course people's view will be upward and not just focused on the side walk. This would be a mistake to give them this ugly sightline which doesn't belong here. To say that it wont be seen from the park is irrelevant. One will have to pass it to access the park. 6-The proposed site is also the only entrance on and off the island so construction and maintenance will cause even more strain and safety issues on an already overly strained area. 7-There are also safety issues which I believe need to be addressed, in that this area is notorious for young people bridge jumping. I believe this tower will just raise the stakes in ‘ teenagers daring each other to climb it’. I believe that every point above is contrary to what the coastal planning commission stands for. With that I would ask you to seriously take into consideration each of my points and to strongly back the appeal against having the tower in this area. Not just for the current residents and tourists, but also for the generations who will follow. All who live and/ or visit, come to Newport Beach to enjoy the beautiful coastal environment including the ocean, canals and skylines. Lets help to preserve it for all and find an alternative better solution. Planning Commission - October 22, 2020 Item No. 4c Additional Materials Received AT&T Small Cell SLC09002 Appeal (PA2019-113) Yours sincerely Gina Cruz Resident of Newport Island Planning Commission - October 22, 2020 Item No. 4c Additional Materials Received AT&T Small Cell SLC09002 Appeal (PA2019-113) AT&T Small Cell SLC0902 Appeal Public right-of-way at the northwestern corner of 38th Street and Lake Avenue Planning Commission Public Hearing October 22, 2020 Planning Commission - October 22, 2020 Item No. 4d Additional Materials Presented at Meeting by Staff AT&T Small Cell SLC0902 Appeal (PA2019-113) Community Development Department -Planning Division Project Background •City’s review limited by federal law •Aesthetics •Land use •Environmental impacts •February 12, 2019, CC authorized MLA with New Cingular Wireless, LLC for use of City-owned streetlights •May 28, 2020, Zoning Administrator approves UP2019-032 for installation on SLC0902 •Later determined CDP is required for small cell •August 27, 2020, ZA approves CD2020-119 •September 9, 2020, Mr. Mosher files appeal 2 of 21 Planning Commission - October 22, 2020 Item No. 4d Additional Materials Presented at Meeting by Staff AT&T Small Cell SLC0902 Appeal (PA2019-113) Community Development Department -Planning Division SLC0902 Newport Island Park 38th Street Park Lake Street Park Planning Commission - October 22, 2020 Item No. 4d Additional Materials Presented at Meeting by Staff AT&T Small Cell SLC0902 Appeal (PA2019-113) Community Development Department -Planning Division R-2 PR R-1 SLC0902 Planning Commission - October 22, 2020 Item No. 4d Additional Materials Presented at Meeting by Staff AT&T Small Cell SLC0902 Appeal (PA2019-113) Community Development Department -Planning Division R-2 PR R-1 SLC0902 Planning Commission - October 22, 2020 Item No. 4d Additional Materials Presented at Meeting by Staff AT&T Small Cell SLC0902 Appeal (PA2019-113) Community Development Department -Planning Division Applicant’s Request •Remove SLC0902 •Replace in same location •Same luminaire height (light source) •Height increase from 21’-0” to 27’-6” •Antennas enclosed in screen •Support equipment vaulted below grade •Requires MUP for Class 3 Install (approved) •Also requires CDP (appealed) 6 of 21 Planning Commission - October 22, 2020 Item No. 4d Additional Materials Presented at Meeting by Staff AT&T Small Cell SLC0902 Appeal (PA2019-113) Community Development Department -Planning Division Design 7 of 21 Planning Commission - October 22, 2020 Item No. 4d Additional Materials Presented at Meeting by Staff AT&T Small Cell SLC0902 Appeal (PA2019-113) Community Development Department -Planning Division Rendering EXISTING 8 of 21 PROPOSED Planning Commission - October 22, 2020 Item No. 4d Additional Materials Presented at Meeting by Staff AT&T Small Cell SLC0902 Appeal (PA2019-113) Community Development Department -Planning Division Alternative Sites SLC0902 Alt. #1 Alt. #2 Alt. #3 9 of 21 Planning Commission - October 22, 2020 Item No. 4d Additional Materials Presented at Meeting by Staff AT&T Small Cell SLC0902 Appeal (PA2019-113) Community Development Department -Planning Division Alternative Site # 1 10 of 21 SLC0903 –Opposite corner at 38th St and River Ave Planning Commission - October 22, 2020 Item No. 4d Additional Materials Presented at Meeting by Staff AT&T Small Cell SLC0902 Appeal (PA2019-113) Community Development Department -Planning Division Alternative Site # 1 11 of 21 SLC0903 <3’ Planning Commission - October 22, 2020 Item No. 4d Additional Materials Presented at Meeting by Staff AT&T Small Cell SLC0902 Appeal (PA2019-113) Community Development Department -Planning Division Alternative Site # 2 12 of 21 SLC0901 –Corner of 37th St and Lake Ave Planning Commission - October 22, 2020 Item No. 4d Additional Materials Presented at Meeting by Staff AT&T Small Cell SLC0902 Appeal (PA2019-113) Community Development Department -Planning Division Alternative Site # 2 13 of 21 SLC0901 –Corner of 37th St and Lake Ave Planning Commission - October 22, 2020 Item No. 4d Additional Materials Presented at Meeting by Staff AT&T Small Cell SLC0902 Appeal (PA2019-113) Community Development Department -Planning Division Alternative Site # 3 14 of 21 SLC0904 –Corner of 39th St and River Ave Planning Commission - October 22, 2020 Item No. 4d Additional Materials Presented at Meeting by Staff AT&T Small Cell SLC0902 Appeal (PA2019-113) Community Development Department -Planning Division Alternative Site # 3 15 of 21 SLC0901 –Corner of 37th St and Lake Ave <3’ Planning Commission - October 22, 2020 Item No. 4d Additional Materials Presented at Meeting by Staff AT&T Small Cell SLC0902 Appeal (PA2019-113) Community Development Department -Planning Division Visual Analysis 16 of 21 “Public view” means a vista of features seen from a public vantage point as identified in CLUP Map 4-3,including bodies of water, beaches,coastline, islands, ridges,bluffs, canyons,geologic features,and landmarks.The term “view”does not mean an unobstructed panorama of these features. “Public view”means a vista of features seen from a public vantage point as identified in CLUP Map 4-3,including bodies of water,beaches,coastline,islands,ridges,bluffs,canyons,geologic features,and landmarks.The term “view”does not mean an unobstructed panorama of these features. Planning Commission - October 22, 2020 Item No. 4d Additional Materials Presented at Meeting by Staff AT&T Small Cell SLC0902 Appeal (PA2019-113) Community Development Department -Planning Division Visual Analysis 17 of 21 “Public view”means a vista of features seen from a public vantage point as identified in CLUP Map 4-3,including bodies of water,beaches,coastline,islands,ridges,bluffs,canyons,geologic features,and landmarks.The term “view”does not mean an unobstructed panorama of these features. Planning Commission - October 22, 2020 Item No. 4d Additional Materials Presented at Meeting by Staff AT&T Small Cell SLC0902 Appeal (PA2019-113) Community Development Department -Planning Division Coverage EXISTING 18 of 21 PROPOSED Planning Commission - October 22, 2020 Item No. 4d Additional Materials Presented at Meeting by Staff AT&T Small Cell SLC0902 Appeal (PA2019-113) Community Development Department -Planning Division Findings 19 of 21 Consistent with LCP City-owned streetlight replacement Not impeding access Not impacting public view Not within sensitive area Consistent with ZC and GP MUP reviewed and approved May 28, 2020 Visual compatibility Blends with streetscape Large parkway area Complies with NBMC 21.49 standards <35 feet tall Concealed within pole and underground Alternative sites considered Planning Commission - October 22, 2020 Item No. 4d Additional Materials Presented at Meeting by Staff AT&T Small Cell SLC0902 Appeal (PA2019-113) Community Development Department -Planning Division Conditions •COA#1 –Substantial conformance •COA#3 –Comply with local, state and federal laws •COA#5 –Replacement pole location •COA#6 –Replacement pole design •COA#7 –All equipment concealed •COA#8 –All wiring concealed •COA#11 –Height certification required •COA#13 –Maintenance required •COA#26 –Planning inspection required 20 of 21 Planning Commission - October 22, 2020 Item No. 4d Additional Materials Presented at Meeting by Staff AT&T Small Cell SLC0902 Appeal (PA2019-113) Community Development Department -Planning Division Recommendation •Conduct de novo public hearing •Find project exempt from CEQA •Adopt the Resolution to approve the CDP and to uphold ZA’s decision COA#35 –(STRICKEN) COA#38 –(ADDED) BMPs to protect canal during construction 21 of 21 Planning Commission - October 22, 2020 Item No. 4d Additional Materials Presented at Meeting by Staff AT&T Small Cell SLC0902 Appeal (PA2019-113) Contact Questions?Benjamin M. Zdeba 949-644-3253 bzdeba@newportbeachca.gov www.newportbeachca.gov Community Development Department -Planning Division Planning Commission - October 22, 2020 Item No. 4d Additional Materials Presented at Meeting by Staff AT&T Small Cell SLC0902 Appeal (PA2019-113) © 2020 AT&T Intellectual Property. AT&T, Globe logo, and DIRECTV are registered trademarks and service marks of AT&T Intellectual Property and/or AT&T affiliated companies. All other marks are the property of their respective owners AT&T and Small Cells Newport Beach –Planning Commission, October 22, 2020 Judy Woolen / AT&T External Affairs Cory Autrey / Wireless Policy Group (AT&T Consultant) Franklin Orozco / Ericsson (AT&T Consultant) Planning Commission - October 22, 2020 Item No. 4e Additional Materials Presented at Meeting by Applicant AT&T Small Cell SLC0902 Appeal (PA2019-113) Newport Beach –AT&T Permitting 2 AT&T Proprietary (Restricted) Only for use by authorized individuals or any above -designated team(s) within the AT&T companies and not for general distribution Planning Commission - October 22, 2020 Item No. 4e Additional Materials Presented at Meeting by Applicant AT&T Small Cell SLC0902 Appeal (PA2019-113) This photo depicts an example of what a small cell could look like. Actual size, shape and dimensions may vary by location. What is a Small Cell? 3 Fiber Small Cell Antenna A New Network Architecture is Needed Small cells are flexible, targeted network solutions that cover a radius up to 250 –1,000 feet and can be readily deployed to specific locations, including: •Where customers are prone to experience connectivity issues •Heavily populated areas that need more network density •Areas that can’t effectively be served by a traditional macro cell Planning Commission - October 22, 2020 Item No. 4e Additional Materials Presented at Meeting by Applicant AT&T Small Cell SLC0902 Appeal (PA2019-113) Small cells help to bring the network “closer” to its users to deliver increased data density, faster connectivity speeds and an overall better wireless experience. 4 AT&T and Small Cells / Month XX, 2020 / © 2020 AT&T Intellectual Property -AT&T Proprietary (Internal Use Only) Planning Commission - October 22, 2020 Item No. 4e Additional Materials Presented at Meeting by Applicant AT&T Small Cell SLC0902 Appeal (PA2019-113) AT&T and Public Rights-of-Way (PROW) 5 •Statewide Franchise to place poles and install equipment in the PROW. •Access to PROW on a competitively neutral and non -discriminatory basis. •C ontemplates use of structures in the PROW suitable to place small cells. AT&T Proprietary (Restricted) Only for use by authorized individuals or any above -designated team(s) within the AT&T companies and not for general distribution Planning Commission - October 22, 2020 Item No. 4e Additional Materials Presented at Meeting by Applicant AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission - October 22, 2020 Item No. 4e Additional Materials Presented at Meeting by Applicant AT&T Small Cell SLC0902 Appeal (PA2019-113) © 2018 AT&T Intellectual Property. AT&T, Globe logo, and DIRECTV are registered trademarks and service marks of AT&T Intellectual Property and/or AT&T affiliated companies. All other marks are the property of their respective owners. AT&T Small Cell Node Site ID: CRAN_RLOS_CSTAM_007 Alternative Sites Analysis City streetlight No. SLC0902 located at the northwest corner of 38 th Street and Lake Avenue, Newport Beach. Planning Commission - October 22, 2020 Item No. 4e Additional Materials Presented at Meeting by Applicant AT&T Small Cell SLC0902 Appeal (PA2019-113) LTE 1900_Coverage without Small cell © 2019 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property. AT&T Proprietary (Internal Use Only) Not for use or disclosure outside the AT&T companies except under written agreement. Proposed small cell Nodes Planning Commission - October 22, 2020 Item No. 4e Additional Materials Presented at Meeting by Applicant AT&T Small Cell SLC0902 Appeal (PA2019-113) LTE 1900_Coverage with Small cell © 2019 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property. AT&T Proprietary (Internal Use Only) Not for use or disclosure outside the AT&T companies except under written agreement. Proposed small cell Nodes Planning Commission - October 22, 2020 Item No. 4e Additional Materials Presented at Meeting by Applicant AT&T Small Cell SLC0902 Appeal (PA2019-113) 10 On this aerial map, AT&T’s proposed Small Cell Node CSTAM_003 is designated by a red marker and the alternative sites are identified by yellow markers. Planning Commission - October 22, 2020 Item No. 4e Additional Materials Presented at Meeting by Applicant AT&T Small Cell SLC0902 Appeal (PA2019-113) 11 •Design meets city code •Stealth facility designed to be as visually unobtrusive as possible •Adjacent to tall palm trees •Ample buffer to residential uses separated by street and open space •Available utilities •Visually less intrusive Planning Commission - October 22, 2020 Item No. 4e Additional Materials Presented at Meeting by Applicant AT&T Small Cell SLC0902 Appeal (PA2019-113) 12 Alternative Site #1 City streetlight No. SLC0903 located on the southwest corner of 38th Street and River Avenue. Alternative Site #2 City streetlight No. SLC0767 west side of West Balboa Blvd., south of 31st Street •Proximity to residential use •Limited sidewalk space •ADA requirement issues •Visually more intrusive Alternative Site #3 Wood utility on northwest of West Balboa Blvd and 30th Street. •Proximity to residential use •Limited sidewalk space •ADA requirement issues •Visually more intrusive Planning Commission - October 22, 2020 Item No. 4e Additional Materials Presented at Meeting by Applicant AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission - October 22, 2020 Item No. 4f Additional Materials Presented at Meeting by Appellant AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission - October 22, 2020 Item No. 4f Additional Materials Presented at Meeting by Appellant AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission - October 22, 2020 Item No. 4f Additional Materials Presented at Meeting by Appellant AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission - October 22, 2020 Item No. 4f Additional Materials Presented at Meeting by Appellant AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission - October 22, 2020 Item No. 4f Additional Materials Presented at Meeting by Appellant AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission - October 22, 2020 Item No. 4f Additional Materials Presented at Meeting by Appellant AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission - October 22, 2020 Item No. 4f Additional Materials Presented at Meeting by Appellant AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission - October 22, 2020 Item No. 4f Additional Materials Presented at Meeting by Appellant AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission - October 22, 2020 Item No. 4f Additional Materials Presented at Meeting by Appellant AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission - October 22, 2020 Item No. 4f Additional Materials Presented at Meeting by Appellant AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission - October 22, 2020 Item No. 4f Additional Materials Presented at Meeting by Appellant AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission - October 22, 2020 Item No. 4f Additional Materials Presented at Meeting by Appellant AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission - October 22, 2020 Item No. 4f Additional Materials Presented at Meeting by Appellant AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission - October 22, 2020 Item No. 4f Additional Materials Presented at Meeting by Appellant AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission - October 22, 2020 Item No. 4f Additional Materials Presented at Meeting by Appellant AT&T Small Cell SLC0902 Appeal (PA2019-113) Planning Commission - October 22, 2020 Item No. 4f Additional Materials Presented at Meeting by Appellant AT&T Small Cell SLC0902 Appeal (PA2019-113)