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Home My WebLink About20190307_ApplicationCommunity Development Department Planning Permit Application CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment F:\Users\CDD\Shared\Admin\Planning_Division\Applications\Application_Guidelines\Planning Permit Application - CDP added.docx Rev: 01/24/17 1.Check Permits Requested: Approval-in-Concept - AIC # Lot Merger Staff Approval Coastal Development Permit Limited Term Permit - Tract Map Waiver for De Minimis Development Seasonal < 90 day >90 days Traffic Study Coastal Residential Development Modification Permit Use Permit -Minor Conditional Condominium Conversion Off-Site Parking Agreement Amendment to existing Use Permit Comprehensive Sign Program Planned Community Development Plan Variance Development Agreement Planned Development Permit Amendment -Code PC GP LCP Development Plan Site Development Review - Major Minor Other: Lot Line Adjustment Parcel Map 2.Project Address(es)/Assessor’s Parcel No(s) 3.Project Description and Justification (Attach additional sheets if necessary): 4.Applicant/Company Name Mailing Address Suite/Unit City State Zip Phone Fax Email 5.Contact/Company Name Mailing Address Suite/Unit City State Zip Phone Fax Email 6.Owner Name Mailing Address Suite/Unit City State Zip Phone Fax Email 7.Property Owner’s Affidavit*: (I) (We) depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application. (I) (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief. Signature(s): ________________________________ Title: Date: DD/M0/YEAR Signature(s): ________________________________ Title: Date: *May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application. Please note, the owner(s)’ signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized. AT&T to remove and replace existing concrete streetlight; install a single omni-dIrectional antenna with related radio equipment within a radome shroud mounted at the top of the new streetlight within the public right of way. See attached project plans and description for additional details. (HBNPB_033) Exhibit - A PA2019-044 \\cnb.lcl\data\Users\CDD\Shared\Admin\Planning_Division\Applications\Office Use Only.docx Updated 08/15/17 FOR OFFICE USE ONLY\ Date Filed: _______________________ 2700-5000 Acct. APN No: __________________________ Deposit Acct. No. ________________________ Council District No.: _________________ For Deposit Account: General Plan Designation: ____________ Fee Pd: _______________________________________ Zoning District: _____________________ Receipt No: ____________________________ Coastal Zone: Yes No Check #: __________ Visa MC Amex # ____________ CDM Residents Association and Chamber Community Association(s): _______________________ Development No: __________________________ _____________________________________________ Project No: ________________________________ _____________________________________________ Activity No: _______________________________ Related Permits: ___________________________ APPLICATION Approved Denied Tabled: _________________________ ACTION DATE Planning Commission Meeting Zoning Administrator Hearing Community Development Director Remarks: __________________________________________________________________________________________ __________________________________________________________________________________________ APPLICATION WITHDRAWN: Withdrawal Received (Date): ________________________ APPLICATION CLOSED WITHOUT ACTION: Closeout Date: ________________________ Remarks: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ 3/7/2019 440 251 04 4 RM PC7 Canyon Mesa Comm. Assoc, Harbor Cove Comm. Assoc, Newport Center Assoc.PA2019-044 UP2019-009 & TP2019-003 D2019-0110 cell site M Squared Wireless 1387 Calle Avanzado, San Clemente, CA 92673 March 7, 2019 Via Hand Delivery City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 RE: AT&T Application for a Minor Use Permit to place a Small Cell Wireless Facility at the following location: NW Jamboree Rd. at San Joaquin Hills Dr.; AT&T Site ID HBNPB_033 and FA No. 14807363 Dear Ms. Makana Nova: New Cingular Wireless PCS, LLC d/b/a AT&T Mobility (“AT&T”) submits the enclosed application materials to obtain all necessary authorizations to construct small cell wireless facility at the above referenced location. If any additional applications or information are needed for any phase of this project, please let me know. 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. Application Contents Pursuant to Newport Beach Municipal Code Section 20.50.040 B Application Contents, this application includes the following materials and information: 1. Minor Use Permit Application (Exhibit A) 2. Project Description and Justification (Exhibit B) 3. Public Noticing Materials (Exhibit C) 4. Plans; one (1) set of 24” x 36” and four (4) sets of 11” x 17” drawings (Exhibit D) 5. Letter of Authority (Exhibit E) 6. Pole ownership information, construction responsibilities and maintenance: o The subject pole is owned and operated by City of Newport Beach (“City”). o The City will retain ownership of the existing structure and AT&T will be responsible for the replacement, maintenance and repairs of such structure. o AT&T will maintain the antenna communication portion of the new facility. o AT&T will replace the existing streetlight as shown on the plans. o Details of the existing and new pole height, diameter and antenna equipment is provided on the attached plans. o The project will be designed without a meter pedestal subject to the city’s issuance of a meter denial letter. 7. Evidence of compliance with FCC RF rules: FCC Appendix A – categorically excluded (Exhibit F) 8. Photo simulations (Exhibit G) 9. Preferred location/alternatives analysis; see Exhibit B - Project Description and Justification. 10. Maintenance and Monitoring; see Exhibit B - Project Description and Justification. Application Review Under federal law, the City of Newport Beach (“City”) must determine whether the application is complete within 10 days and take final action on the application within 90 days from this submittal (the “shot clock”). See 47 C.F.R. § 1.6003. Within the same period of time, the city must also take action with respect to all necessary authorizations and approvals for construction and operation of the proposed small cell. The shot clock begins today and runs unless or until it is tolled, either by mutual agreement or based on a timely and proper notice that the application is materially incomplete. To toll the shot clock for incompleteness, the city must, within ten days, identify in writing the missing information that is required by local codes or other published application guidelines. In the case of a timely and proper incomplete notice, the shot clock stops and restarts at day 0 once AT&T PA2019-044 AT&T Small Cell Application City of Newport Beach Page 2 of 2 M Squared Wireless 1387 Calle Avanzado, San Clemente, CA 92673 submits the additional information required. If the City fails to act before the shot clock expires, the City will be in violation of state and federal laws. • This Application was filed on March 7, 2019. • Notification of incompleteness is due by March 18, 2019. • Absent tolling, the City must take final action by June 5, 2019. The City must grant all necessary authorizations as the proposed facility is consistent with applicable law and there is no basis for denial under the local code. Applicable Law Approval is required under the federal Telecommunications Act of 1996, 47 U.S.C. §§ 253, 332 (“Act”). The Act, which was enacted to prioritize and streamline deployment of wireless technologies, limits the ability of state and local governments to regulate wireless service. The Act establishes substantive and procedural limitations on the review of wireless facility siting applications. A state or local government cannot take action that would unreasonably discriminate against AT&T in acting on the application. A state or local government cannot take any action that would prohibit or effectively prohibit the provision of wireless services. An effective prohibition occurs when the jurisdiction’s denial of an application materially limits or inhibits AT&T’s ability to provide or improve wireless services. A state or local government may not consider the effects of radio frequency emissions when considering this application. The city must review this application within a reasonable period of time, as defined pursuant to the shot clock. Any decision to deny the application must be in writing contemporaneously with the decision and supported by substantial evidence contained in a written record. The written denial must provide the basis therefor with a recitation of findings of fact and conclusions of law supporting the denial. Pursuant to the California Constitution and Section 7901 of the California Public Utilities Code, AT&T has a statewide franchise right to construct telecommunications facilities and place poles within the public rights-of-way so long as it does not incommode the public way. AT&T’s right is subject only to the municipality’s authority to impose reasonable and equivalent time, place and manner restrictions pursuant to Section 7901.1 of the California Public Utilities Code. AT&T’s proposed small cell facility does not incommode the public way. Payment of an application deposit totaling $2,631.00 is enclosed with this letter. Questions or notices related to this Application may be directed to: Franklin Orozco Michele Vernotico forozco@interlinkpg.com michele@interlinkpg.com (619) 632-2569 (949) 922-1334 We look forward to working with you to complete this wireless communications project in Newport Beach. Sincerely, Franklin Orozco Agent on behalf of AT&T and Ericsson PA2019-044 Exhibit B New Cingular Wireless PCS, LLC d/b/a AT&T Mobility AT&T Site ID: HBNPB_033 and FA#14807363 In the Public Right-‐of-‐Way near NW Jamboree Rd. at San Joaquin Hills Rd., Newport Beach Project Narrative New Cingular Wireless PCS, LLC d/b/a AT&T Mobility (“AT&T”) is proposing to install new small cell wireless telecommunications facility to serve residents and businesses in this portion of the community. Small cells are low-‐power, low-‐profile wireless communications facilities that improve signal quality and capacity within AT&T’s existing wireless network. The proposed small cell facility will help AT&T provide and improve critical wireless services in this area. AT&T estimates that since introduction of the iPhone in 2007, mobile data usage has increased 470,000% on its network. AT&T forecasts its customers’ growing demand for mobile data services to continue. Customer needs require AT&T to design and maintain its network to provide and improve wireless signal quality and to increase data rates sufficient to stream video. Areas that do not meet this minimal standard, or where wireless service is otherwise compromised, represent service issues that must be addressed. Specifically, this proposed small cell facility will help improve AT&T’s wireless services by offloading network traffic carried by existing macro facilities in the area. In addition, faster data rates allow customers to get on and off the network quickly, which produces more efficient use of AT&T’s limited spectrum. By placing the small cell facility in areas where AT&T’s existing wireless telecommunications facilities are constrained and where AT&T experiences especially high network traffic, AT&T can address the existing and forecasted demand and support 5G speeds in the near future. Improving signal quality and Increasing data speed is critical to providing the mobile experience customers demand and to manage the unprecedented increase in mobile data usage on AT&T’s network. The Center for Disease Control and Prevention (CDC) tracks the rates at which American households are shifting from landlines to wireless telecommunications. According to the CDC’s latest Wireless Substitution Report, more than 70 percent of Americans rely exclusively or primarily on wireless communications in their homes.1 In addition, the FCC estimates that 70 percent of all 911 calls are made from wireless devices.2 And with AT&T’s selection by FirstNet as the wireless service provider to build and manage the nationwide first responder wireless network, each new or modified facility will help strengthen first responder communications. AT&T selected the proposed facility as the best available means to address its service objectives in this portion of the city. The overall site location and design will comply with applicable code provisions, General Plan, and other published siting guidelines. The proposed small cell facility will be located in the public right-‐ of-‐way, where AT&T has a right to place its equipment pursuant to Section 7901 of the California Public Utilities Code. The project will involve the placement of a small antenna and associated small cell equipment on a replacement streetlight. For this small cell, AT&T proposes to install a 10-‐inch diameter omni-‐directional antenna and radios at the top of a replacement streetlight, fully concealed within a 12-‐inch diameter shroud. The 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 1 See Wireless Substitution: Early Release of Estimates From the National Health Interview Survey, January-‐June 2018, available at http://www.cdc.gov/nchs/data/nhis/earlyrelease/wireless201812.pdf. 2 See 911 Wireless Services, available at https://www.fcc.gov/consumers/guides/911-‐wireless-‐services. PA2019-044 Exhibit B Page 2 of 3 facility fully complies with applicable design criteria. Therefore, the City can easily make the necessary findings for approval for this small cell facility. The project scope will consist of the following: • Removal and replacement of a streetlight. • Installation of a single omni-‐directional antenna. • Installation of four remote radio units and raycap disconnect switch within a shroud. • Installation of below grade power and fiber handholds. Project Code Compliance The subject project complies with the City of Newport Beach’s Wireless Telecommunications Facilities Ordinance in the Public Right-‐of-‐Way, Chapter 21.49 in the following ways: 1. The proposed wireless facility is a small cell installation to be installed on a replaced streetlight in the public right-‐of-‐way to match the existing pole. 2. The project is allowed subject to the city’s approval of a Minor Use Permit. The proposed installation will not interfere with the use of the existing right-‐of-‐way. 3. The proposed facility is a low powered antenna designed to work in conjunction with other small cell sites in the area and to off-‐load capacity from an existing macro facility. The installation will comply with applicable regulations of the Federal Communications Commission as demonstrated in the enclosed FCC Local Official Guide to RF – Appendix A. 4. The replacement streetlight is consistent with the size, shape, style, and design of the existing pole, including the attached light arm. 5. The replacement streetlight, placed within the public right-‐of-‐way, does not exceed thirty-‐five (35) feet in height above the finished grade. 6. No above ground mounted equipment is proposed, and the support equipment is proposed to be placed in underground handholes. 7. All transmission equipment, including remote radio units and the raycap disconnect switch, are fully concealed within the shroud. 8. Signage displayed on the wireless facility will be in the smallest permissible size. There will be no advertising signage. 9. The applicant will conform to all City of Newport Beach requirements. Conformance with FCC Regulations The proposed low powered antenna installation attached to the utility pole is considered categorical excluded by the FCC based on the analysis included in the FCC Optional Checklist for Determination of the Local Official’s Guide to RF (attached). Installation that are categorically excluded are considered to meet or exceed the FCC standards for RF Emissions. Construction, Maintenance and Monitoring Construction of the proposed project will take approximately 30-‐days. All construction will be done in a manner that minimizes impact to residents and/or businesses in the area. Existing underground or overhead power and fiber connections will be used with minimal trenching. Directional boring will be used when deemed appropriate for each specific location. PA2019-044 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 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 Per the Newport Beach Municipal Code (NBMC) section 20.49.050 General Development and Design Standards, installations in the public right -‐of-‐way (Class 3) are the third preferred location for telecom facilities in the City. Collocation onto existing street infrastructure is the most preferred alternative design. AT&T is committed to providing wireless telecommunications services and faster data rates throughout the City of Newport Beach and is doing so by installing the least intrusive technology, with the least intrusive design at the least intrusive locations in the service coverage gap. Rather than construct traditional tower facilities in or near residential neighborhoods, AT&T is choosing to deploy very small facilities, called “small cells,” that can be installed on utility infrastructure in the public right-‐of-‐way. A small cell is a low-‐powered cell site, which, when grouped with other small cells, can provide coverage in areas where traditional macro wireless facilities are discouraged. Although the signal from each small cell antenna covers a shorter range than a conventional tower site, small cells can be effective tools to help close significant gaps in service coverage with a minimal environmental and aesthetic footprint. Node HBNPB_033 will help AT&T close a significant gap in service coverage in this area of the City by the least intrusive means. The proposed Node is within a residentially developed area, neighboring two gas stations. Although certain properties zoned for residential development prohibit the installation of telecom facilities per the NBMC, the use of existing street infrastructure is encouraged. There are no alternative preferred locations under Class 1 & 2 that could be considered for the proposed small cell. PA2019-044 Exhibit - E AT&T April 26, 2018 LETTER OF ALTHORI Z ATION E ricsson its employees and vendor M Squared Wireless are authorized representatives of AT&T Mobility and have been contracted to perform cellular site development (such as real estate leasing, land-use entitlements, m a t e rial procu rement, a r chitectural engineering, equipment installation, design, construction, building permits and other permit as needed, etc.) on behalf of AT&T Mobility in connection with their telecommunications facilities. As authorized representatives of AT&T Mobility, Ericsson and its vendor M Squared Wireless may submit/order (land use applications and permits, utilities, real estate leasing, etc.) on behalf of AT&T Mobility. Should you have any questions, please do not hesitate to contact me. Sinccrc lv . ' Ted Suekawa Project Manager AT&T Mobility-Los Angeles F:: T S 4994 (a),att.com P: 714-721-3010 PA2019-044 FCC/LSGAC APPENDIX A Optional Checklist for Determination Of Whether a Facility is Categorically Excluded Local Official’s Guide to RF Exhibit - F PA2019-044 FCC/LSGAC Local Official’s Guide to RF Optional Checklist for Local Government To Determine Whether a Facility is Categorically Excluded Purpose: The FCC has determined that many wireless facilities are unlikely to cause human exposures in excess of RF exposure guidelines. Operators of those facilities are exempt from routinely having to determine their compliance. These facilities are termed "categorically excluded." Section 1.1307(b)(1) of the Commission's rules defines those categorically excluded facilities. This checklist will assist state and local government agencies in identifying those wireless facilities that are categorically excluded, and thus are highly unlikely to cause exposure in excess of the FCC’s guidelines. Provision of the information identified on this checklist may also assist FCC staff in evaluating any inquiry regarding a facility’s compliance with the RF exposure guidelines. BACKGROUND INFORMATION 1. Facility Operator’s Legal Name: 2. Facility Operator’s Mailing Address: 3. Facility Operator’s Contact Name/Title: 4. Facility Operator’s Office Telephone: 5. Facility Operator’s Fax: 6. Facility Name: 7. Facility Address: 8. Facility City/Community: 9. Facility State and Zip Code: 10. Latitude: 11. Longitude: continue PA2019-044 FCC/LSGAC Local Official’s Guide to RF Optional Local Government Checklist (page 2) EVALUATION OF CATEGORICAL EXCLUSION 12. Licensed Radio Service (see attached Table 1): 13. Structure Type (free-standing or building/roof-mounted): 14. Antenna Type [omnidirectional or directional (includes sectored)]: 15. Height above ground of the lowest point of the antenna (in meters): 16. Check if all of the following are true: (a) This facility will be operated in the Multipoint Distribution Service, Paging and Radiotelephone Service, Cellular Radiotelephone Service, Narrowband or Broadband Personal Communications Service, Private Land Mobile Radio Services Paging Operations, Private Land Mobile Radio Service Specialized Mobile Radio, Local Multipoint Distribution Service, or service regulated under Part 74, Subpart I (see question 12). (b) This facility will not be mounted on a building (see question 13). (c) The lowest point of the antenna will be at least 10 meters above the ground (see question 15). If box 16 is checked, this facility is categorically excluded and is unlikely to cause exposure in excess of the FCC’s guidelines. The remainder of the checklist need not be completed. If box 16 is not checked, continue to question 17. 17. Enter the power threshold for categorical exclusion for this service from the attached Table 1 in watts ERP or EIRP∗ (note: EIRP = (1.64) X ERP): 18. Enter the total number of channels if this will be an omnidirectional antenna, or the maximum number of channels in any sector if this will be a sectored antenna: 19. Enter the ERP or EIRP per channel (using the same units as in question 17): 20. Multiply answer 18 by answer 19: 21. Is the answer to question 20 less than or equal to the value from question 17 (yes or no)? If the answer to question 21 is YES, this facility is categorically excluded. It is unlikely to cause exposure in excess of the FCC’s guidelines. If the answer to question 21 is NO, this facility is not categorically excluded. Further investigation may be appropriate to verify whether the facility may cause exposure in excess of the FCC’s guidelines. ∗"ERP" means "effective radiated power" and "EIRP" means "effective isotropic radiated power PA2019-044 FCC/LSGAC Local Official’s Guide to RF TABLE 1 (cont.) SERVICE (TITLE 47 CFR RULE PART) EVALUATION REQUIRED IF: Personal Communications Services (part 24) (1) Narrowband PCS (subpart D): non-building-mounted antennas: height above ground level to lowest point of antenna < 10 m and total power of all channels > 1000 W ERP (1640 W EIRP) building-mounted antennas: total power of all channels > 1000 W ERP (1640 W EIRP) (2) Broadband PCS (subpart E): non-building-mounted antennas: height above ground level to lowest point of antenna < 10 m and total power of all channels > 2000 W ERP (3280 W EIRP) building-mounted antennas: total power of all channels > 2000 W ERP (3280 W EIRP) Satellite Communications (part 25) all included General Wireless Communications Service (part 26) total power of all channels > 1640 W EIRP Wireless Communications Service (part 27) total power of all channels > 1640 W EIRP Radio Broadcast Services (part 73) all included PA2019-044 © 2016 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. *In its recent small cell deployment order, the FCC rejected the need for wireless providers 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 new geographic area or by restricting the entry of a new provider in providing service in a particular area, but also by materially inhibiting the introduction of new services or the improvement of existing services. Thus, an effective prohibition includes materially inhibiting additional services or improving existing services.” So, such maps cannot be required. Nonetheless, to comply with the city’s application requirements, AT&T is submitting signal strength coverage maps that depict its wireless service coverage for LTE service at 1900 MHz as it exists now and as predicted after the small cell is installed and on air. Note, however, that the city’s requirement for these maps is inappropriate under applicable law and not relevant in any event because AT&T’s proposed facility provides capacity relief within the existing wireless network. AT&T Coverage Maps* Small Cell Node HBNPB_033 Exhibit PA2019-044 LTE 1900_Coverage without Small cell © 2016 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 site Proposed small cell Nodes PA2019-044 LTE 1900_Coverage with Small cell © 2016 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 site Proposed small cell Nodes PA2019-044