HomeMy WebLinkAbout20190429_Application26 [CS] Corporate Plaza (SLC7043), Newport Beach CA 92660 / 442-271-33
City of Newport Beach
100 Civic Center Drive
Newport Beach
(949) 644-3311
92660
(HBNPB_041)
Exhibit - A
See attached AT&T and City of Newport Beach Master License Agreement
PA2019-078
F:\Users\PLN\Shared\Staff_Dir\Garciamay\Ruby\desktop\DESKTOP_\CUT_PASTE_DRAG_COPY\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APPLICATION WITHDRAWN: Withdrawal Received (Date): ________________________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:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
PA2019-078
Exhibit - E
PA2019-078
M Squared Wireless
1387 Calle Avanzado, San Clemente, CA 92673
April 29, 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:
26 [CS] Corporate Plaza (SLC7043); AT&T Site ID HBNPB_041 and FA No. 14807370
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 and the City will finalize the site license agreement upon permit issuance.
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
PA2019-078
AT&T Small Cell Application
City of Newport Beach
Page 2 of 2
application guidelines. In the case of a timely and proper incomplete notice, the shot clock stops and restarts at day 0 once AT&T
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 April 29, 2019.
• Notification of incompleteness is due by May 9, 2019.
• Absent tolling, the City must take final action by July 29, 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
PA2019-078
FCC/LSGAC
APPENDIX A
Optional Checklist for Determination
Of Whether a Facility is Categorically Excluded
Local Official’s Guide to RF
Exhibit F
PA2019-078
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
PA2019-078
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
PA2019-078
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
PA2019-078