Loading...
HomeMy WebLinkAboutPA2019-056 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 (949) 644-3200 www.newportbeachca.gov ZONING COMPLIANCE LETTER April 1, 2019 Reference No. PA2019-056 Attn: Alexis King 1300 South Meridian Avenue, Suite 400 Oklahoma City, OK 73108 RE: 500 Bayview Circle, Newport Beach, CA 92660 442-282-02 Dear Ms. King: The above referenced property is currently located within Bayview Planned Community (PC32) and designated as Visitor Serving Commercial (CV) within the Land Use Element of the General Plan. The property is not located within a Planned Unit Development or an overlay district. For the abutting properties to the north, the Zoning District is Bayview Planned Community (PC32) and the General Plan land use designation is General Commercial Office (CO-G). For the abutting properties to the east, the Zoning District is San Diego Creek North (PC42) and the General Plan land use designation is General Commercial (CG). For the abutting properties to the west, the Zoning District is Bayview Planned Community (PC32)and the General Plan land use designation is Single-Unit Residential Detached (RS-D). At the time the building permits were finaled, the building and parking requirements were in substantial conformance with the development standards of the City of Newport Beach Municipal Code. If the subject property does not comply with the current regulations, it is considered to be nonconforming and is subject to Chapter 20.38 (Nonconforming Uses and Structures) of the Newport Beach Municipal Code. PA2019-056 Page 2 Zoning Compliance - PA2019-056 Tmplt: 08-15-176 Research of the permit and entitlement history of the property verifies that discretionary approvals were acquired from the City of Newport Beach Planning Division for development of the property. With the exception of the discretionary approvals for signs, copies of those approvals are attached. Please contact the Planning Division for further details on any discretionary application: • Sign Program No. MD3329 (Originally approved on October 8, 1987) • Modification Permit No. MD3355 to permit two monument signs on a single site (Originally approved on January 19, 1988) • Bayview Telecom Update No. TS2012-012 (PA2012-115) to modify an existing telecommunications facility (Originally approved on May 17, 2013) • Bayview Telecom Update II No. SA2015-002 and TS2014-006 (PA2014- 053) to upgrade existing telecom facility (Originally approved on March 6, 2015) The subject property does not have any active complaints on record. For information regarding code violations, please contact the Code Enforcement Division at (949) 644-3215 and the Building Division at (949) 644-3200. Please contact the Building Division to obtain copies of Certificates of Occupancy. For information regarding plat maps or public rights-of way, please contact the Public Works Department at (949) 644-3311. Should you have any further questions, please contact me at 949-644-3225, dlee@newportbeachca.gov. Sincerely, On behalf of Seimone Jurjis, PE, CBO, Community Development Director By: __________________________ David S. Lee, Assistant Planner Enclosures: Aerial Map Discretionary Actions PA2019-056 Feet Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. Disclaimer: 4/1/2019 0 507253 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 I:\Users\PLN\Shared\PA's\PAs - 2012\PA2012-115\PA2012-115 DRAFT Action.docx Page 1 Tmplt 07/23/12 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 (949) 644-3200 Fax: (949) 644-3229 www.newportbeachca.gov COMMUNITY DEVELOPMENT DIRECTOR ACTION LETTER APPLICATION: Telecommunications Permit No. TP2012-012 (PA2012-115) APPLICANT: CARRIER: Core Development Services, Inc. Sprint PCS LOCATION: 500 Bayview Circle Bayview Telecom Upgrade LEGAL DESCRIPTION Portion of Lot 4, Tract 12528 On May 17, 2013, the Community Development Director approved Telecommunications Permit No. TP2012-012. This approval is based on the findings and subject to the following conditions attached to this report (Attachment No. CD 1). In approving this application, the Community Development Director analyzed issues regarding compliance with Chapter 15.70 of the Newport Beach Municipal Code and determined in this case that the proposed wireless telecommunications facility (“telecom facility”) meets the provisions of Chapter 15.70. PROJECT SUMMARY Core Development Services, Inc. has submitted an application on behalf of Sprint PCS/Alcatel-Lucent requesting a telecommunications facility permit to modify an existing telecommunications facility. The proposed modifications include the following: (1) replacing three existing panel antennas; (2) replacing one GPS antenna; (3) upgrading two equipment cabinets; (4) addition of six RRH units; (5) addition of one equipment cabinet; and (6) addition of backhaul equipment and associated cables. Photographic visual simulations depicting the existing and proposed conditions at the site have been prepared by the applicant and are included as Attachment No. CD 3. The proposed changes to the existing exterior conditions of the site are minor and the screening proposed is consistent with the architectural style, color and materials of the building façade on which it is mounted. A copy of the project site plan and elevations depicting the proposed project are included as Attachment No. CD 4. PA2019-056 I:\Users\PLN\Shared\PA's\PAs - 2012\PA2012-115\PA2012-115 DRAFT Action.docx Page 2 Tmplt 07/23/12 ZONING DISTRICT/GENERAL PLAN Zone: PC-32 (Bayview) General Plan: CV (Visitor-Serving Commercial) BACKGROUND The existing Sprint PCS telecommunications facility was installed in 2001 and included three wall-mounted panel antennas along with related equipment which is located within an enclosure on the rooftop. This installation predated the City’s Wireless Telecommunications Facilities Ordinance which was enacted and effective in 2002. As such, no telecommunications facility permit was required. The proposed upgrade will replace the three existing antennas and will update the infrastructure that services those antennas. All new installations will be similar in size and location to the existing antennas and will be painted or blended to match the walls on which they are located. APPEAL PERIOD Telecommunications Facility applications do not become effective until 14 days after the date of action, during which time the applicant or any interested party may appeal the decision of the Community Development Director and division staff to the City Council by submitting a written appeal application to the City Clerk. For additional information on filing an appeal, contact the City Clerk at 949 644-3005. On behalf of Kimberly Brandt, Community Development Director By: GR/bmz Attachments: CD 1 Findings and Conditions of Approval CD 2 Vicinity Map CD 3 Photographic Simulations CD 4 Site Plan and Elevations PA2019-056 I:\Users\PLN\Shared\PA's\PAs - 2012\PA2012-115\PA2012-115 DRAFT Action.docx Page 3 Tmplt 07/23/12 Attachment No. CD 1 Findings and Conditions of Approval PA2019-056 I:\Users\PLN\Shared\PA's\PAs - 2012\PA2012-115\PA2012-115 DRAFT Action.docx Page 4 Tmplt 07/23/12 FINDINGS AND CONDITIONS OF APPROVAL TELECOMMUNICATIONS PERMIT NO. TP2012-012 (PA2012-115) FINDINGS 1. The telecommunications facility as proposed meets the intent of Chapter 15.70 of the Newport Beach Municipal Code (NBMC), while ensuring public safety, reducing the visual effects of telecom equipment on public streetscapes, protecting scenic ocean and coastal views, and otherwise mitigating the impacts of such facilities for the following reasons: The proposed upgrades to the existing telecom facility will not substantially alter the facility, nor will they be detrimental to public health or safety because the facility is required to comply with the applicable rules, regulations and standards of the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC). The upgraded telecom facility is located on an existing building, and any future proposed facility to be located within 1,000 feet of the existing facility shall be required to co-locate on the same site to limit the adverse visual effects of proliferation of facilities in the City. Due to the location or design of the upgrades, there is no impact to public views and the aesthetics of the facility will not substantially change. 2. The telecommunications facility as proposed conforms to the technology, height, location and design standards for the following reasons: The upgraded telecom facility approved under this permit utilizes the most efficient and diminutive available technology in order to minimize the number of facilities and reduce the visual impact. The height limit within the Hotel Site subarea of the PC-32 (Bayview Planned Community) Zoning District is 90 feet to the ceiling of the uppermost floor with an additional 15 feet allowed for mechanical equipment and related screening. The telecom facility approved by the permit does not extend above the existing antennas that are to be replaced and does not exceed the maximum height limit of 105 feet allowed. The antennas for the telecom facility approved by this permit will be wall mounted to the existing penthouse structure and will be painted to match the color of the wall on which they are mounted. The support equipment for the telecom facility will be placed within an existing equipment enclosure on top of the roof and will not create any visual PA2019-056 I:\Users\PLN\Shared\PA's\PAs - 2012\PA2012-115\PA2012-115 DRAFT Action.docx Page 5 Tmplt 07/23/12 impact. The support equipment and existing enclosure comply with the height limit. 3. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Section 15301 Class 1 (Existing Facilities) for the following reason(s): Class 1 exempts the alteration of facilities and/or mechanical equipment which involve negligible or no expansion of use. The proposed upgrades include replacement of three existing antennas and related infrastructure upgrades for an existing telecom facility. The removal and replacement of existing panel antennas and addition of minor support equipment. The changes to this facility do not constitute an expansion of use. CONDITIONS 1. The development shall be in substantial conformance with the approved plot plan, antenna and equipment plans, and elevations, except as noted in the following conditions. 2. Anything not specifically approved by this Telecom Permit is not permitted and must be addressed in a separate and subsequent Telecom Permit review. 3. All antennas and wall-mounted equipment shall be painted to match the walls upon which they are located. 4. All support equipment shall be placed within the existing rooftop equipment enclosure. Any conduit and or cable trays shall not be affixed to the side of the building such that it is visible. 5. The telecom facility approved by this permit shall comply with all applicable rules, regulations and standards of the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC). 6. The telecom facility shall comply with all regulations and requirements of the Uniform Building Code, Uniform Fire Code, Uniform Mechanical Code and National Electrical Code. All required permits shall be obtained prior to commencement of the construction. 7. The telecom facility approved by the permit shall comply with any easements, covenants, conditions or restrictions on the underlying real property upon which the facility is located. 8. Any future facilities proposed by other carriers to be located within 1,000 feet from the subject property shall be approved to co-locate at the same site by the PA2019-056 I:\Users\PLN\Shared\PA's\PAs - 2012\PA2012-115\PA2012-115 DRAFT Action.docx Page 6 Tmplt 07/23/12 property owner or authorized agent, unless otherwise approved by the Planning Division. 9. Prior to issuance of building permits, a deposit of $5,000 shall be paid to the City of Newport Beach. This deposit is required by the Planning Division to ensure preparation and submittal of the RF Compliance and Radiation Report, referenced in the above Condition. The deposit will be used to defray any and all fees associated with review of the report by an independent technical consultant, pursuant to Section 15.70.070 B-10 of the Telecom Ordinance. Any unused deposit fees will be refunded to the applicant upon determination of compliance with the approved frequency and FCC standards. 10. Prior to issuance of building permits, the applicant shall obtain a determination, in writing, from the Coastal Commission that the project as proposed is not a development under the California Coastal Act, or obtain Coastal Commission approval of the wireless telecommunications facility. 11. Prior to the issuance of any building, mechanical and/or electrical permits, architectural drawings and structural design plans shall be submitted to the City of Newport Beach for review and approval by the applicable departments. A copy of this approval letter shall be incorporated into the drawings approved for the issuance of permits. 12. 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. 13. Should interference with the City’s Public Safety radio e quipment occur, use of the telecom facility authorized by this permit shall be suspended until the radio frequency interference is corrected and verification of the compliance is reported. 14. The applicant recognizes that the frequencies used by the cellular facility located at 500 Bayview Circle are extremely close to the frequencies used by the City of Newport Beach for public safety. This proximity will require extraordinary “comprehensive advanced planning and frequency coordination” engineering measures to 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 Federal Communications Commission (FCC). 15. Within 30 days after installation of the telecom facility, during which time the telecom facility may be allowed to operate under a 30-day temporary certificate of occupancy, a radio frequency (RF) compliance and radiation report prepared by a qualified RF engineer acceptable to the City shall be submitted in order to demonstrate that the facility is operating at the approved frequency and complies with FCC standards for radiation. If the report shows that the facility does not so comply, the use of the facility shall be suspended until the facility is modified to comply and a new report has been submitted confirming such compliance. PA2019-056 I:\Users\PLN\Shared\PA's\PAs - 2012\PA2012-115\PA2012-115 DRAFT Action.docx Page 7 Tmplt 07/23/12 16. The applicant shall provide a “single point of contact” in its Engineering and Maintenance Departments that is monitored 24 hours per day to insure continuity on all interference issues, and to which interference problems may be reported. The name, telephone number, fax number and e-mail address of that person shall be provided to the Planning Division and Newport Beach Police Department’s Support Services Commander prior to activation of the facility. 17. Appropriate information warning signs or plates shall be posted at the access locations and each transmitting antenna. In addition, contact information (e.g. a telephone number) shall be provided on the warning signs or plates to arrange for access to the roof top area. The location of the information warning signs or plates shall be depicted on the plans submitted for construction permits. 18. 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. 19. The telecom facility shall not be lighted except as deemed necessary by the Newport Beach Police Department for security lighting. The night lighting shall be at the lowest intensity necessary for that purpose and such lighting shall be shielded so that direct rays do not shine on nearby properties. Prior to the final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm compliance with this condition. 20. The operator of the telecom facility shall maintain the facility in a manner consistent with the original approval of the facility. 21. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the applicant, current property owner or leasing agent. 22. The applicant shall ensure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of the applicant to comply. 23. Any operator who intends to abandon or discontinue use of a telecom facility must notify the Planning Division by certified mail no less than 30 days prior to such action. The operator or property owner shall have 90 days from the date of abandonment or discontinuance to reactivate use of the facility, transfer the rights to use the facility to another operator, or remove the telecom facility and restore the site. 24. The City reserves the right and jurisdiction to review and modify any telecom permit approved pursuant to Chapter 15.70 of the Newport Beach Municipa l Code, 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; PA2019-056 I:\Users\PLN\Shared\PA's\PAs - 2012\PA2012-115\PA2012-115 DRAFT Action.docx Page 8 Tmplt 07/23/12 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 modification of the original telecom permit and obtain the modified telecom permit prior to implementing any change. 25. This telecom permit may be modified or revoked by the City Council should they determine that the facility or operator has violated any law regulating the telecom facility or has failed to comply with the requirements of Chapter 15.70 of the NBMC, or this telecom permit. 26. This approval shall expire unless exercised within 24 months from the date of approval. 27. 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 the Bayview Telecom Update including, but not limited to, the Telecommunications Facility Permit No. TP2012-012 (PA2012-115). 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. PA2019-056 I:\Users\PLN\Shared\PA's\PAs - 2012\PA2012-115\PA2012-115 DRAFT Action.docx Page 9 Tmplt 07/23/12 Attachment No. CD 2 Vicinity Map PA2019-056 I:\Users\PLN\Shared\PA's\PAs - 2012\PA2012-115\PA2012-115 DRAFT Action.docx Page 10 Tmplt 07/23/12 VICINITY MAP 500 Bayview Circle Telecommunications Permit No. TP2012-012 (PA2012-115) Subject Site PA2019-056 I:\Users\PLN\Shared\PA's\PAs - 2012\PA2012-115\PA2012-115 DRAFT Action.docx Page 11 Tmplt 07/23/12 Attachment No. CD 3 Photographic Simulations PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 I:\Users\PLN\Shared\PA's\PAs - 2012\PA2012-115\PA2012-115 DRAFT Action.docx Page 12 Tmplt 07/23/12 Attachment No. CD 4 Site Plan and Elevations PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 PA2019-056 Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL March 6, 2015 Core Development Services Attn: Lindsay (Horn) Ortega 2749 Saturn Street Brea, CA 92821 lhorn@core.us.com Subject: Staff Approval No. SA2015-002 (PA2014-053) 500 Bayview Circle Bayview Telecom Update II Dear Ms. Ortega, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Community Development Director on March 6, 2015 and effective on March 20, 2015. A copy of the approved action letter with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, JM/jvp cc: Property Owner HMH Properties, Inc. (Marriott International) Attn: Kandee Anderson 500 Bayview Circle Newport Beach, CA 92660 Sprint PCS 310 Commerce Irvine, CA 92606 PA2014-053 PA2019-056 Page 1 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 (949) 644-3200 Fax: (949) 644-3229 www.newportbeachca.gov WIRELESS TELECOMMUNICATIONS FACILITIES ZONING CLEARANCE APPLICATION: Staff Approval No. SA2015-002 (PA2014-053) APPLICANT: Core Development Services on behalf of Sprint PCS CARRIER: Sprint PCS LOCATION: 500 Bayview Circle LEGAL DESCRIPTION Lot 4, Tract 12528 DIRECTOR’S ACTION On March 6, 2015, the Community Development Director approved Staff Approval No. SA2015-002 for a wireless telecommunications facility. Pursuant to Section 20.49.060 of the Newport Beach Municipal Code (NBMC), the Community Development Director may authorize construction of a Class 1 (Stealth/Screened) telecommunications facility through an administrative review. This approval is based on the findings and subject to standard requirements attached (Attachment No. CD 1). In approving this application, the Community Development Director analyzed issues regarding compliance with NBMC Chapter 20.49 and determined that, in this case, the proposed wireless telecommunications facility (“telecom facility”) meets the provisions of Chapter 20.49. PROJECT SUMMARY Core Development Services has submitted an application on behalf of Sprint PCS requesting to modify an existing telecom facility located on the rooftop of the Marriott Hotel property. Adjacent uses include a parking garage to the north across Bayview Circle, an auto dealership to the east across Jamboree Road, and single-unit dwellings to the west across Bayview Place. The Back Bay is located to the south across Bayview Way. The applicant proposes to add the following:  Three panel antennas  Three remote radio units (RRU’s)  Three fiber cables  Four batteries within an existing rooftop battery cabinet  Support equipment within an existing rooftop cabinet  Three screen boxes PA2014-053 PA2019-056 Page 2 The existing telecom facility has three sectors (Sectors “1,” “2,” and “3”), each consisting of one antenna and one remote radio head (RRH) for a total of three antennas and three RRH’s. The antennas and RRUs are currently mounted to the exterior façade of the penthouse and painted to match, with associated support equipment located on the rooftop behind existing parapet walls. The proposal would add equipment to the existing facility, specifically one new antenna and one new RRU to Sector 1, and two new antennas and two new RRUs to Sector 3. No additional equipment is proposed for Sector 2. Table 1: Summary of Proposed Upgrades Sector 1 Sector 2 Sector 3 Pre-Upgrade 1 antenna 1 RRH 1 antenna 1 RRH 1 antenna 1 RRH Post-Upgrade 2 antennas 1 RRH 1 RRU 1 antenna 1 RRH 3 antennas 1 RRH 2 RRUs To provide a stealth design that is architecturally integrated into the existing building, the applicant has proposed screen boxes at all three sectors of the telecom facility. The proposed screen boxes would be constructed with fiber reinforced plastic (FRP), a transparent material painted and textured to match the color and material of the existing building façade. The boxes will screen existing and new antennas, and will not exceed the maximum height limit of 105 feet established by the Bayview Planned Community (PC 32) zoning regulations. The existing and new RRUs and support equipment will be located on the rooftop behind the existing parapet wall. Photographic visual simulations depicting the existing and proposed conditions of the site are provided (Attachment No. CD 3). ZONING DISTRICT/GENERAL PLAN  Zone: PC 32 (Bayview)  General Plan: CV (Visitor Serving Commercial) BACKGROUND On May 17, 2013, Telecommunications Permit No. TP2012-012 (PA2012-115) was approved by the Community Development Director to modify an existing telecom facility that was previously installed in 2001. The approval permitted the following:  Three panel antennas  Six RRHs  Replacement of one GPS antenna  Upgrades to two equipment cabinets  Addition of one equipment cabinet  Addition of backhaul equipment and associated cables PA2014-053 PA2019-056 Page 3 ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15303 Class 3 (New Construction or Conversion of Small Structures) 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 3 allows construction of new, small facilities or structures and installation of small new equipment and facilities in small structures. An example of this exemption includes up to four commercial buildings totaling 10,000 square feet and accessory structures. In this case, the proposed project involves the addition of three four-foot-tall panel antennas, three RRUs, and support equipment on the rooftop of an existing hotel. APPEAL PERIOD An appeal may be filed with the Director of Community Development within 14 days following the date of action. For additional information on filing an appeal, contact the Planning Division at (949) 644-3200. On behalf of Kimberly Brandt, Community Development Director By: JM/jvp Attachments: CD 1 Findings and Conditions of Approval CD 2 Vicinity Map CD 3 Applicant’s Project Description CD 4 Photographic Simulations CD 5 Project Plans PA2014-053 PA2019-056 Attachment No. CD 1 Findings and Conditions of Approval PA2014-053 PA2019-056 FINDINGS AND STANDARD REQUIREMENTS STAFF APPROVAL NO. SA2015-002 (PA2014-053) REQUIRED FINDINGS In accordance with Section 20.49.060.H.1 (Permit Review Procedures – Required Findings for Telecom Facilities) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for telecommunication facilities are set forth: Finding: A. The proposed telecom facility is visually compatible with the surrounding neighborhood. Facts in Support of Finding: 1. The proposed facility will be visually compatible with adjacent nonresidential properties which similarly locate mechanical equipment on the roof behind screen walls. 2. The proposed rooftop panel antennas and all related equipment will be concealed behind screening mounted to the penthouse and the existing parapet wall. The screening will match the existing architectural style, color and materials of the building façade on which it is mounted. 3. The proposed facility will complement the existing building and will not appear out of scale with surrounding developments. Finding: B. The proposed telecom facility complies with height, location and design standards, as provided in Chapter 20.49. Facts in Support of Finding: 1. As proposed, the telecom facility is a Class 1 (Stealth/Screened) installation as defined in the Zoning Code. The telecom facility is fully screened behind new screen walls that will be painted and textured to match the existing architectural style, color, and materials of the building façade. 2. The proposed telecom facility is in harmony and is consistent in scale with the surrounding area and will not obstruct public views or have a negative visual impact on nearby property owners, residents, and businesses. PA2014-053 PA2019-056 3. All proposed antennas and support equipment will comply with the height limitation of 105 feet within Hotel Site Area 4 of the Bayview Planned Community (PC 32) Zoning District. Finding: 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. Facts in Support of Finding: 1. The proposal is to upgrade an existing facility. Alternative sites located further away from nearby residential uses and public facilities would limit the coverage objectives and not fulfill the needs addressed by the proposed upgrades. 2. Selecting an alternative site would result in an additional telecom facility within the area or require the elimination and relocation of the existing facility which limits Sprint from providing uninterrupted service to residential and business customers in the area. 3. The applicant has provided maps that demonstrate improved coverage within the vicinity and along Highway 73 as a result of the proposed upgrades. Finding: 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. Facts in Support of Finding: 1. Section 20.49.040 of the Municipal Code lists four preferred telecom locations from the most preferred to the least. Co-location of a new facility at an existing facility is the first preference for facilities. This proposal is not a new facility, but a modification to an existing telecom facility. 2. As proposed, the telecom facility is considered a Class 1 (Stealth/Screened) installation, which is the second preferred location. The antennas will be stealth, concealed behind screening that will match the existing architectural style, color, and materials of the building façade on which it is mounted. All other support equipment will be screened behind an existing parapet wall and will not be visible. PA2014-053 PA2019-056 STANDARD REQUIREMENTS 1. The development shall be in substantial conformance with the approved plot plan, antenna and equipment plans, elevations, and photographic simulations, except as noted in the following conditions. 2. Telecommunications Permit No. TP2012-012 shall become null and void upon vesting of the rights authorized by Staff Approval No. SA2015-002. 3. The telecom facility approved by this permit shall comply with all applicable rules, regulations, and standards of the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC). 4. The applicant is required to obtain all applicable permits from the City Building Division and Fire Department. Prior to the issuance of any building, mechanical, and/or electrical permits, architectural drawings and structural design plans shall be submitted to the City of Newport Beach for review and approval by the applicable departments. A copy of these conditions of approval shall be incorporated into the drawings approved for the issuance of permits. 5. The telecom facility shall comply with all regulations and requirements of the California Building Code, California Fire Code, California Mechanical Code, and California Electrical Code. All required permits shall be obtained prior to commencement of the construction. 6. The telecom facility approved by the permit shall comply with any easements, covenants, conditions, or restrictions on the underlying real property upon which the facility is located. 7. Anything not specifically approved by this permit is not permitted and must be addressed in a separate and subsequent Telecom Permit review. 8. If any of the existing public improvements surrounding the site are damaged by the private work, new concrete sidewalk, curb and gutter, alley/street pavement, and other public improvements will be required by the City at the time of private construction completion. Said determination and the extent of the repair work shall be made at the discretion of the Public Works Inspector. 9. The storage of all project related equipment during construction shall be on-site and outside the public right-of-way. 10. An approved encroachment permit is required for all work activities within the public right-of-way. 11. All work in the public right-of-way shall follow City’s Municipal Code Chapter 13.20 (Public Right-of-Way). PA2014-053 PA2019-056 12. Battery electrolyte capacity and the number of proposed batteries for each cabinet shall be disclosed at plan review. Storage of batteries must comply with California Fire Code Section 608, Stationary Storage Battery Systems. 13. Emergency access to the equipment area shall be provided. 14. A fire extinguisher with a minimum size of 2A20 BC shall be required within 50 feet of the equipment storage area. 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 Publi c Safety radio equipment. 17. 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. 18. The applicant recognizes that the frequencies used by the cellular facility located at 500 Bayview Circle are extremely close to the frequencies used by the City of Newport Beach for public safety. This proximity will require extraordinary “comprehensive advanced planning and frequency coordination” engineering measures to 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 Federal Communications Commission (FCC). 19. The applicant shall provide a “single point of contact” for Sprint PCS in its Engineering and Maintenance Departments that is monitored twenty (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 e- mail 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. 20. Appropriate information warning signs or plates shall be posted at the access locations and each 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. PA2014-053 PA2019-056 21. No advertising signage or identifying logos shall be displayed on the telecom facility except for small identification, address, warning, and similar information plates. A detail of the information plates depicting the language on the plate shall be included in the plans submitted for issuance of building permits. 22. The telecom facility shall not be lighted except as deemed necessary by the Newport Beach Police Department for security lighting or proper maintenance of light on a United States flag in accordance with the U.S Flag Code (4 U.S.C. § 1, et seq.). The night lighting shall be at the lowest intensity necessary for that purpose and such lighting shall be shielded so that direct rays do not shine on nearby properties. Prior to the final of building permits, the applicant shall schedule an evening inspection with the Code Enforcement Division to confirm compliance with this condition. 23. The operator of the telecom facility shall maintain the facility in a manner consistent with the original approval of the facility. 24. At all times, the operator for Sprint PCS shall ensure that its telecom facilities comply with the most current regulatory, operations standards, and radio frequency emissions standards adopted by the FCC. The operator 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. Said information shall be made available by the operator upon request at the discretion of the Community Development Director. 25. Prior to final of building permits, the applicant shall schedule an inspection with the Planning Division to ensure materials and colors match existing architecture as illustrated in the approved photographic simulations and in conformance with Municipal Code Section 20.49.050, to the satisfaction of the Planning Division. 26. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the applicant, current property owner, or leasing agent. 27. The applicant shall ensure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of the applicant to comply. 28. Any operator who intends to abandon or discontinue use of a telecom facility must notify the Planning Division by certified mail no less than thirty (30) days prior to such action. The operator or property owner shall have ninety (90) days from the date of abandonment or discontinuance to reactivate use of the facility, transfer the rights to use the facility to another operator, or remove the telecom facility and restore the site. PA2014-053 PA2019-056 29. The City reserves the right and jurisdiction to review and modify any telecom permit approved pursuant to Chapter 20.49 of the Newport Beach Municipal Code, 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 modification of the original telecom permit and obtain the modified telecom permit prior to implementing any change. 30. This Telecom Permit may be modified or revoked by the City Council should they determine that the facility or operator has violated any law regulating the telecom facility or has failed to comply with the requirements of Chapter 20.49 of the NBMC, or this Telecom Permit. 31. This approval shall expire unless exercised within twenty-four (24) months from the date of approval. 32. 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 the Bayview Telecom Update II including, but not limited to Staff Approval No. SA2015-002 (PA2014-053). 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. PA2014-053 PA2019-056 Attachment No. CD 2 Vicinity Map PA2014-053 PA2019-056 Feet Imagery:2009-2013 photos provided by Eagle Imaging www.eagleaerial.com Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. Disclaimer: 2/24/2015 0 400200 Newport Beach GIS PA2014-053 PA2019-056 Attachment No. CD 3 Applicant’s Project Description PA2014-053 PA2019-056 PA2014-053PA2019-056 PA2014-053PA2019-056 Attachment No. CD 4 Photographic Simulations Attachment No. CD 4 Photographic Simulations PA2014-053 PA2019-056 500 Bayview Circle newport Beach CA 92660 OG54XC559 Bayview Accuracy of photo simulation based upon information provided by project applicant. Looking northwest from Jamboree RoadProposed View 1 Existing proposed antenna screen ©2014 Google Maps PA2014-053 PA2019-056 500 Bayview Circle newport Beach CA 92660 OG54XC559 Bayview Accuracy of photo simulation based upon information provided by project applicant. Looking southeast from Bayview PlaceProposed View 2 Existing proposed antenna screen proposed antenna screen ©2014 Google Maps PA2014-053 PA2019-056 500 Bayview Circle newport Beach CA 92660 OG54XC559 Bayview Accuracy of photo simulation based upon information provided by project applicant. Looking southwest from Bayview CircleProposed View 3 Existing proposed antenna SCREEN proposed antenna screen ©2014 Google Maps PA2014-053 PA2019-056 500 Bayview Circle newport Beach CA 92660 OG54XC559 Bayview Accuracy of photo simulation based upon information provided by project applicant. Looking northeast from Bayview WayProposed View 4 Existing proposed antenna screen ©2014 Google Maps PA2014-053 PA2019-056 Attachment No. CD 5 Project Plans PA2014-053 PA2019-056 HMH Properties, Inc. PC 32 (Bayview) PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 PA2014-053 PA2019-056 Zoning Compliance Applicatfoni- coMMUNITY Community Development Department DEVE!J)0 MENT Planning Division · 100 Civic Center Drive / P .0. Box 1768 / Newport Beach, CA 92658-8~ ·2 9 2019 (949)644-3204 Telephone / (949)644-3229 Facsimile · www.newportbeachca.gov CITY OF (Our Ref# 128429,i.,)..) -"'v~ ~11,tp e~r PROPERTY OWNER(S} r~r.rr NAME ADDRESS CITY, STATE I ZIPCODE EMAIL PHONE NO. I FAX NO. APPLICANT(S)/CONTACT(S} NAME (Our Ref#127689-1) Alexis.king ADDRESS CITY, STATE 1300 South Meridian Avenue, suite 400 Oklahoma City, OK I ZIPCODE 73108 EMAIL PHONE NO. I FAX NO. alexis.king@pzr.com 405-546-4523 405-328-8229 SITE/PROJECT ADDRESS ASSESSOR'S PARCEL NO. 00 Bayview Circle 442-282-01, 442-282-02, and 442-282-03 INFORMATION REQUEST Please Check the box(es) next to the requested information 18:1 Current zoning/General Plan designation of the property IBI Overlay district ~ Abutting Zoning/General Plan designation IBI Discretionary Approvals gJ Legal nonconforming uses or structures 181 Developed with Site Plan approval 181 Other (attach additional sheet(s)) if necessary: Varjances Specjal{ Condjtjonal Use permjts DO NOT COMPLETE APPLICATION BELOW THIS LINE -FOR OFFICE USE ONLY Date Received: 3. 21. zv1q Fee Paid: ··tlZ. \ft)~ Form of Payment: I Check No. ~\\t ~v{±)l-\t::> 1 Receipt No. '\2-lf tTAD 1 V>1?~ Planner '\)L-I Ext. 'f ?:J 2 ? Remarks: 'ff, Q(D~C\-(z)~(o Target Date: Date Completed Date Mailed: F:\Users\CDD\Shared\Admin\Planning_Division\Applications\Zoning Compliance\lnfo&App.docx Updated 3/11 /13 PA2019-056 PA2019-056