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HomeMy WebLinkAbout20200604_PC_Staff ReportCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT June 4, 2020 Agenda Item No. 2 SUBJECT: AT&T Small Cell SLC0796 Appeal (PA2019-111) ▪Minor Use Permit No. UP2019-030 SITE LOCATION: Public right-of-way, City streetlight number SLC0796, at the northwestern corner of Balboa Boulevard and 30th Street 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 decision on April 16, 2020, to approve a minor use permit allowing 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 Balboa Boulevard 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 antenna screening shroud at the top of the pole. The overall height of the facility would be 34 feet, 9 inches above the ground. Support equipment will be in an adjacent below-grade vault. RECOMMENDATION 1)Conduct a public hearing; 2)Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15302 and 15303 under Class 2 (Replacement or Reconstruction) and Class 3 (New Construction or Conversion of Small Struc tures), 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. PC2020-018 affirming the decision of the Zoning Administrator and approving Minor Use Permit No. UP2019-030 with the attached Findings and Conditions (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE2 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, June 4, 2020 Page 2 VICINITY MAP GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE N/A (Public Right-of-Way) N/A (Public Right-of-Way) City Streetlight No. SLC0796 NORTH Two-Unit Residential (RT) Two-Unit Residential (R-2) Single- and two-family residences SOUTH RT R-2 Single- and two-family residences EAST Visitor Serving Commercial (CV) RT Commercial Visitor-Serving (CV) R-2 Beach Coin Laundry w/ single- and two-family residences beyond WEST RT R-2 Single- and two-family residences Streetlight No. SLC0796 3 INTENTIONALLY BLANK PAGE4 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, June 4, 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 that proposed, is now being deployed across the country as a new solution to resolve increased data demand and to make coverage more reliable. In contrast to traditional macro wireless sites (i.e., cell towers), small cells advance a signal over a smaller radius by the means of minimal equipment on existing infrastructure. The result is more limited visual intrusion and enhanced wireless network capacity, which helps to meet the demands of residents, businesses, and visitors. The City of Newport Beach’s (City) regulatory review of wireless telecom siting is limited by three federal laws: (1) The Communications Act of 1934; (2) the Telecommunications Act of 1996 (Telecommunications Act); and (3) a provision of the Middle-Class Tax Relief and Job Creation Act of 2012 (Spectrum Act). Together, these laws aim to facilitate 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 removed barriers to wireless infrastructure deployment and established accelerated timelines for processing wireless applications at the local level. It also limited the City’s rights as a property owner, restricting the type and amount of fees that can be collected for private use of public property. On February 12, 2019, the City Council authorized execution of a Master License Agreement (MLA) (Contract No. C-8584-1) with New Cingular Wireless PCS, LLC (AT&T). The MLA authorized non-exclusive use of City-owned streetlights to install telecommunications equipment for small cell facilities. The MLA approved conceptual designs, as well as 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 facilitates on the basis of the perceived health effects of radio frequency (RF) emissions to the extent that the proposed facilities comply with FCC regulations concerning emissions.” Submitted RF materials 5 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, June 4, 2020 Page 4 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 required, the Applicant produced a coverage map for the project (Attachment No. PC 8). This map indicates the proposed facility would boost the capacity and coverage in the vicinity. Project Setting The proposed project is located on Streetlight No. SLC 0796, which is owned by the City of Newport Beach. City Streetlight No. SLC0796 is located within the public right-of-way on the northern side of Balboa Boulevard at the northwestern corner of the 30 th Street intersection. It is immediately adjacent to an unusually large landscaped parkway that is approximately 20 feet wide. Beyond the parkway to the northeast is a block of two-unit residential development. All surrounding land uses are residential and vary in density from two- to single-unit residential. The only exception is a Commercial Visitor Serving (CV) zoned parcel across 30th Street from the site, which is presently developed with a laundromat (Beach Coin Laundry). As the streetlight is located within the public right -of- way, the site is not designated by the General Plan Land Use Element and, therefore, is not located within a zoning district. Project Description The Applicant seeks a minor use permit 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 Balboa Boulevard 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 equipment shroud. This equipment would be fixed to the top of the replaced streetlight pole for a maximum height of 34 feet, 9 inches; and (3) Establishment of new below-grade support equipment adjacent to the streetlight. The proposed facility is classified as a stealth facility under Newport Beach Municipal Code (NBMC) Section 20.49.030(N) and the project is designed to be as visually inconspicuous as possible with all equipment and antennas screened. The proposed location was selected by the Applicant as it has the necessary utility connections readily available, is feasible from a signal propagation perspective, is free of obstructions, and has a good line of sight to meet coverage objectives. 6 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, June 4, 2020 Page 5 Figure 1, Existing photograph (top) with proposed rendering (bottom) showing the replaced streetlight pole, antenna, equipment shroud, and below-grade equipment handholes. The banner is only shown for reference and is not part of this proposal. Existing Proposed 7 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, June 4, 2020 Page 6 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. Directional boring will be used if deemed appropriate to minimize open trenching for power and fiber connections. 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, promptly removing all graffiti, and keeping the facility 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, appropriately. Decision and Appeal On April 16, 2020, the Zoning Administrator conducted a public hearing and approved the Applicant’s request. During the meeting, three members of the public spoke in opposition to the Minor Use Permit expressing concerns regarding health and general incompatibility with the neighborhood. One member of the public, Mark Pollock, also spoke in opposition expressing concerns about the validity of the application and insurance requirements being satisfied as part of the MLA. As presented in the minutes for the meeting (Attachment No. PC 5), a sta ff member from the City Attorney’s Office addressed Mr. Pollock’s concerns as outlined in his March 25, 2020, letter at this hearing and noted that staff informed the City Attorney's Office that the insurance requirements were satisfied. On April 28, 2020, Mr. Pollock filed an appeal of the decision of the Zoning Administrator for the purpose of bringing the item before the Planning Commission for review. The appeal again expresses concerns regarding proof of adequate insurance, as well as the ability for the Applicant to file an application under the MLA. The complete appeal application and its expanded brief have been attached as Attachment No. PC 3. It is notable that the appeal does not focus on the specific location of the proposed project, but rather it focuses on the compliance with the MLA. Based on NBMC Section 20.64.030(C)(3) (Conduct of Hearing), a public hearing on an appealed matter is conducted “de novo,” meaning that it is a new hearing. The prior decision of the Zoning Administrator to approve Minor Use Permit No. UP2019-030 has no force or effect. The Planning Commission is not bound by the Zoning Admin istrator’s decision. Analysis Pursuant to NBMC Chapter 20.49 (Wireless Telecommunications Facilities), the facility is defined as a Class 3 (Public Right-of-Way) Installation given that it will be located within the public right-of-way. Class 3 facilities require the approval of a minor use permit. NBMC Section 20.52.020 (Conditional Use Permits and Minor Use Permits) requires the review 8 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, June 4, 2020 Page 7 authority, in this case the Planning Commission due to the appeal, must make the following findings in order to approve a Use Permit: 1. The use is consistent with the General Plan and any applicable specific plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Additional findings specific to review of a use p ermit application for a wireless telecommunications facility are required in NBMC Section 20.49.060 (Permit Review Procedures). Those additional findings are as follows: a. The proposed telecom facility is visually compatible with the surrounding neighborhood. b. The proposed telecom facility complies with height, location and design standards, as provided for in this chapter. 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. 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. General Plan Within the General Plan, there are multiple goals and policies that are applicable to the siting and development of a telecom facility. General Plan Natural Resources Goal NR 21 recommends the “minimized visual impacts of signs and utilities.” The proposed design is consistent with NR 21 by introducing no 9 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, June 4, 2020 Page 8 new vertical obstructions in the Public Right-Of-Way (ROW), employing stealth elements like antenna screening, colorization (painting to match the streetlight pole), and installing the associated equipment below grade. Conditions of Approval No. 20 and 21 prohibit advertising signage or identifying logos on any t elecom facility except for small identification, address, warning, and similar information plates. The City retains the right to install community banners as depicted in the visual simulation (Figure 1), but the Applicant would not. Facility identification signs required by State or Federal regulations would be allowed in its smallest permissible size to meet regulations. General Plan Land Use Policy LU 6.1.3 promotes “architecture and planning that complements adjoining uses.” The proposed design is adjacent to residential uses and aligns with LU 6.1.3 by copying the size, shape, style, and design of the existing streetlight pole to decrease potential disruption of the visual environment. Adverse impact to circulation, aesthetics, sounds, or odor are not anticipated from project implementation due to the fully screened design. General Plan Land Use Policy LU 4 calls for the “management of growth and change to protect and enhance the livability of neighborhoods and achieve distinct and economically vital business and employment districts, which are correlated with supporting infrastructure and public services and sustain Newport Beach’s natural setting.” The proposed small cell facility upholds the intent of LU 4 by providing infrastructure to add AT&T system coverage and capacity to enhance service for residents, visitors, and businesses of the area especially in regular and high demand periods. The location experiences high traffic in the summer months, given the proximity to convenient beach access and nearby commercial uses. The facility is designed to adapt and accept future technologies, such as 5G, and will help meet future demands in the area. General Plan Natural Resources Policy NR 20.3 (Public Views) encourages the protecting and enhancement of public view corridors. The facility will be visible from surrounding public and private property, but the location is not a protected public view corridor as identified by the General Plan or Local Coastal Program, and therefore, the project would not have any impact to public views. Zoning Code The project site is within the Public Right-of-Way, which is property held in trust by the City, and allows for the construction and maintenance of public roads, crosswalks, pedestrian walkways, electric transmission lines, oil or gas pipeline, water line, sanitary or storm sewer, or other similar uses. City Council Policy L-23 (Siting of Wireless Telecommunications Equipment on City-Owned Property) governs procedures and locations for siting wireless telecommunications equipment in the ROW. Streetlights are eligible for telecom use, subject to entitlements (such as this minor use permit request), yearly rent, and a license agreement. 10 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, June 4, 2020 Page 9 NBMC Section 20.49.050 (General Development and Design Standards) requires projects to be visually compatible with surrounding structures. All telecommuni cations 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. Equipment not contained within the shroud on the streetlight pole would be out of sight, located below the g round in the adjacent ROW. Condition of Approval No. 32 requires approved design drawings from Southern California Edison (SCE) of the power supply to the facility before construction is to commence . NBMC Chapter 20.49 (Wireless Telecommunication Facilities) outlines State- and federally-compliant telecommunication facility development standards and details permit procedures based on facility “Class.” Class of a wireless facility is characterized by its installation type and location. NBMC Subsection 20.49.040(A) (Preferred Locations) prioritizes telecom facilities from most preferred (1) to least preferred (4) as follows: (1) collocation of a new facility at an existing facility; (2) Class 1 (Stealth/Screened); (3) Class 2 (Visible Antennas); 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 small cell facility that is designed to not visually dominate the surrounding area and instead to blend into the existing block. The abutting residential zones do not allow wireless telecommunications facilities and the Applicant indicates they were not left with any other viable options to meet their business objectives to provide enhanced coverage and capacity in this challenging area. The maximum height allowed for telecom facilities per NBMC Subsection 20.49.050(C)(3) is 35 feet above finished grade. The total height of the replacement pole with the proposed equipment is 34 feet, 9 inches to the highest point above finished grade. The project conforms to the maximum height limitation. Existing residential properties contiguous to the site are in the R-2 (Two-Unit Residential) Zoning District. R-2-zoned sites allow for structures up to 24 feet for flat roof elements and 29 feet to the ridge of a sloped roof. The height of existing Streetlight No. SLC0796 sits just above the maximum allowable height for residential structures. The streetlight is separated from the residences by a large 20 -foot parkway that is landscaped with taller palm trees. The trees provide a visual buffer between the streetlight and the residences. They also provide a visual and vertical backdrop to help soften and screen the facility. Furthermore, keeping the luminaire the same height and design helps maintain the continuity of the streetlight system. Photographic visual simulations of the facility, depicting the existing and proposed conditions, have been prepared by the Applicant and are included as Attachment No. PC 8. In accordance with NBMC Section 20.30.100 (Public View Protection), the location is not located within a protected public view corridor and, therefore, would not have any impact to public views. Local Coastal Program 11 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, June 4, 2020 Page 10 The project site is located within the coastal zone and the removal and installation of an existing streetlight pole is exempt from the requirements of a coastal development permit pursuant to Section 21.50.035(C)(4) (Repair and Maintenance) of the NBMC. In consultation with Coastal Commission staff, the modification of a streetlight for a small cell facility remains exempt, provided there is no visual resource impact. The project was reviewed for consistency with the Public View Protection regulations of Section 21.49.050(B) (Public View Protection) of the NBMC. The subject location is not on a coastal bluff or canyon, not adjacent to or within the views of a public viewpoint, coastal view road, public park or 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. 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 vaults. All transmission equipment, including remote radio units and the raycap disconnect switch, are fully concealed within a screening shroud. As a result, the installation of the facility will not have an impact on public coastal views or coastal resources; therefore, a coastal development permit is not required. Alternative Sites Considered Three nearby utility poles and two streetlights were identified and investigated by the Applicant as possible alternate locations for this small cell facility (see Figure 2 below). Alt. Site No. 1 Alt. Site No. 5 Alt. Site No. 2 Alt. Site No. 3 Alt. Site No. 4 Figure 2, On this aerial map, AT&T’s proposed small cell location is designated by a red open-circle marker and the alternative sites are identified by yellow markers. 12 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, June 4, 2020 Page 11 The Zoning Administrator considered five alternative streetlight locations that the Applicant found to be not viable (see Attachment No. PC 7). Ultimately AT&T’s analysis concluded that a more preferred location as defined by NBMC Subsection 20.49.040(A) (Preferred Locations), such as a collocation or a Class 1 or 2 facility, would not be technically feasible from an RF or construction perspective. The analysis explained that small cell facilities are low powered and must be located at the precise location selected to serve the network traffic demands of a specific limited area. Further, this type of service cannot be accomplished with a traditional macro collocation or building mounted site in the area due to land use (zoning) constraints. Alternative Site No. 1 is a wooden utility pole located approximately 100 feet north of the proposed streetlight (pictured right). This pole is located immediately in front of a two-unit residential structure that is oriented towards Balboa Boulevard within a narrower parkway area. Installation of small cell infrastructure at this location would require placement of a crossarm with exposed equipment on either side of the wooden pole and would not be as aesthetically compatible as the proposed location. Most importantly, the wooden utility pole is located within an approved underground assessment and utility district, which will aim to eventually eliminate such above-ground utilities in the area. Alternative Site No. 2 at City Streetlight No. SLC0767 located approximately 160 feet northwest of the proposed streetlight on the opposite side of Balboa Boulevard (pictured left). This alternative location is in very close proximity to overhead powerlines, which would make additional height above the existing streetlight pole infeasible from a separation standpoint. Furthermore, the existing streetlight is located such that accessibility is limited and a thicker pole could not be accommodated without further constraining the sidewalk. Alt. Site No. 1 Alt. Site No. 2 13 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, June 4, 2020 Page 12 Alternative Site No. 3 is a wooden utility pole located approximately 78 feet west of the proposed streetlight (pictured right). This pole is located immediately adjacent to the front patio of an existing, single -story residence. Like Alternative Site No. 1, installation of small cell infrastructure at this location would require placement of a crossarm with exposed equipment on either side of the wooden pole and would not be as aesthetically compatible as the proposed location. Most importantly, the wooden utility pole is located within an approved underground assessment and utility district, which will aim to eventually eliminate such above-ground utilities in the area. Alternative Site No. 4 at City Streetlight No. SLC0768 is located at the southwest corner of Balboa Boulevard and 30th Street approximately 100 feet from the proposed streetlight (pictured left). It is approximately 5 feet from the fence of the adjacent residence. Like Alternative Site No. 2, this alternative location is in very close proximity to overhead powerlines, which would make additional height above the existing streetlight pole infeasible. Accessibility is also limited here and a thicker pole cannot be accommodated without further constraining the sidewalk. Alternative Site No. 5 at City Streetlight No. SLC0766 is located at the alleyway between 30th Street and 29th Street, approximately 175 feet southeast of the proposed streetlight (pictured right). It is approximately 4 feet from an existing residential structure. Like Alternative Site No. 2 and Alternative Site No. 4, accessibility is limited at this location and a thicker pole cannot be accommodated without further constraining the sidewalk. Alt. Site No. 3 Alt. Site No. 4 Alt. Site No. 5 14 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, June 4, 2020 Page 13 Summary The appeal filed by Mr. Pollock focuses on potential underlying issues with the City Council-authorized MLA, the authorized representatives who may pursue the sites, and insurance requirements. Nothing in the appeal discusses specific issues with this proposed location of this project and its appropriateness. The streetlight serves as a part of the City’s existing streetlight inventory. 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 larger landscaped parkway with several palm trees serves to soften the facility’s appearance and provides a mechanism of blending consistent with NBMC Chapter 20.49. The proposed location was ultimately found to best meet the Applicant’s objectives and appears to be the best location among the alternative sites examined in staff’s opinion. Staff believes sufficient facts exist in support of each finding required to grant the minor use permit and is recommending approval. Alternatives If the Planning Commission finds the facts do not support the findings required to grant approval of the Minor Use Permit application, the Planning Commission should adopt a resolution to deny the project, reversing the April 16, 2020, decision of the Zoning Administrator to approve the Minor Use Permit. The attached Resolution for Denial (Attachment No. PC 2) is provided to facilitate this action and would require additional information, facts, or findings that the Planning Commission may deem necessary or warranted. Should the Commission believe an alternative site is more suitable for the proposed facility, then the Commission must 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 Section 20.54.080. 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 15 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, June 4, 2020 Page 14 location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another, where only minor modifications are made in the exterior of the structure. In this case, the proposal includes the removal and replacement of an existing City streetlight pole to install a small telecommunications wireless facility, including below- grade accessory equipment. The exceptions to the Class 3 categorical exemption under Section 15300.2 do not apply. This project does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, do es not have a significant effect on the environment due to unusual circumstances, do es not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners 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 Municipal Code. 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 Draft Resolution for Denial PC 3 Appeal Form PC 4 Adopted Zoning Administrator Resolution No. ZA2020-030 PC 5 Minutes of Zoning Administrator Meeting of April 16, 2020 PC 6 Applicant’s Project Description and Justification PC 7 Alternative Locations Studied and Rejected PC 8 Photographic Simulations, Project Plans, and Coverage Maps 01/12/18 16 Attachment No. PC 1 Draft Resolution for Approval 17 INTENTIONALLY BLANK PAGE18 RESOLUTION NO. PC2020-018 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, UPHOLDING THE DECISION OF THE ZONING ADMINISTRATOR APPROVING MINOR USE PERMIT NO. UP2019-030 FOR A SMALL CELL FACILITY LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY ON CITY STREETLIGHT NUMBER SLC0796, AT THE NORTHWESTERN CORNER OF BALBOA BOULEVARD AND 30TH STREET (PA2019-111) 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 d.b.a. AT&T Mobility (“Applicant”), with respect to City of Newport Beach Streetlight Number SLC0796, located within the public right-of-way, at the northwestern corner of Balboa Boulevard and 30th Street, requesting approval of a minor use permit (“SLC0796”). 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 Balboa Boulevard 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 equipment shroud, with the equipment being fixed to the top of the replaced streetlight pole for a maximum height of 34 feet, 9 inches, and (3) establishment of new below-grade support equipment adjacent to the streetlight (the “Project”). . 3. Since the SLC0796 streetlight 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”). 4. The Project is located within the coastal zone. The removal and installation of an existing streetlight pole is exempt from the requirements of a coastal development permit pursuant to Section 21.50.035(C)(4) (Repair and Maintenance) of the NBMC. In consultation with Coastal Commission staff, the modification of a streetlight for a small cell facility remains exempt, provided there is no visual resource impact. The Project was reviewed for consistency with the Public View Protection regulations of Section 21.49.050(B) (Public View Protection) of the NBMC. It is not on a coastal bluff or canyon, not adjacent to or within the viewshed of a public view point, coastal view road, public park or 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. 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 19 Planning Commission Resolution No. PC2020-018 Page 2 of 15 in within the existing streetscape. 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. The installation of a small cell wireless facility will not have a negative impact on coastal views or coastal resources; therefore, a coastal development permit is not required. 5. A public hearing was held on April 16, 2020, in the Community Room located at 100 Civic Center Drive, Newport Beach, California. 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”), Chapter 20.62 and Chapter 21.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this public hearing. 6. The Zoning Administrator adopted Resolution No. ZA2020-030 approving Minor Use Permit No. UP2019-030. 7. On April 28, 2020, attorney Mark Pollock filed an appeal of the Zoning Administrator’s decision primarily citing concerns with the City’s Master License Agreement and the Applicant’s authority to file for this application. 8. A de novo public hearing was held by the Planning Commission on May 21, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of this public meeting was given in accordance with the Ralph M. Brown Act, Chapter 20.62 and Chapter 21.62 of the NBMC. The Planning Commission considered evidence both written and oral 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, 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 telecommunications wireless facility, including below- grade accessory equipment. 20 Planning Commission Resolution No. PC2020-018 Page 3 of 15 3. The exceptions to the Class 3 categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. Minor Use Permit In accordance with Subsection 20.52.020(F) (Conditional Use Permits and Minor Use Permits) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. SLC0796 is designated as Public Right-of-Way (“ROW”), which is property held in trust by the City, and allows for the construction and maintenance of public roads, crosswalks, pedestrian walkways, electric transmission lines, oil or gas pipeline, water line, sanitary or storm sewer, or other similar uses. City Council Policy L-23 (Siting of Wireless Telecommunications Equipment on City-Owned Property) governs procedures and locations for siting wireless telecommunications equipment in the ROW. Streetlights are eligible for telecom use, subject to entitlements (such as this minor use permit request), yearly rent, and a license agreement. 2. The City of Newport Beach General Plan (“General Plan”) Natural Resources Goal NR 21 recommends the “minimized visual impacts of signs and utilities.” The proposed design is consistent with NR 21 by introducing no new vertical obstructions in the ROW, employing stealth elements like colorization (painting to match the streetlight pole), and installing the associated equipment below grade. Conditions of Approval No. 20 and 21 prohibit advertising signage or identifying logos on the small cell facility except for small identification, address, warning, and similar information plates. Signage required by State or Federal regulations shall be allowed in its smallest permissible size. 3. General Plan Land Use Policy LU 6.1.3 promotes “architecture and planning that complements adjoining uses.” The proposed design adjoins residential uses and aligns with LU 6.1.3 by copying the size, shape, style, and design of the existing streetlight pole to decrease potential disruption of the visual environment. Adverse impact to circulation, aesthetics, sounds, or odor are not anticipated from project implementation. 4. General Plan Land Use Policy LU 4 calls for the “management of growth and change to protect and enhance the livability of neighborhoods and achieve distinct and economically vital business and employment districts, which are correlated with 21 Planning Commission Resolution No. PC2020-018 Page 4 of 15 supporting infrastructure and public services and sustain Newport Beach’s natural setting.” The Project upholds the intent of LU 4 by providing infrastructure to add system capacity for service gaps that may occur for residents and businesses of the area in regular and high demand periods. It also benefits the community by improving the existing coverage and capacity to increase the voice and data system already in use by its customers. The small cell facility is designed to adapt and accept future technologies, such as 5G, and will help meet local demand and sustain the livability of the area. 5. SLC0796 is not located within a specific plan area Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. See Fact in Support of Finding A.1. 2. Wireless telecommunication facilities are regulated by Chapter 20.49 (Wireless Telecommunication Facilities) of the NBMC. To site small cell equipment in the ROW assigns the project a Class 3 specification (Public Right-of-Way Installations) and requires the Applicant to obtain a minor use permit from the Zoning Administrator pursuant to Section 20.49.060 (Permit Review Procedures) of the NBMC. In this case, the Zoning Administrator’s approval was appealed; therefore, the Planning Commission is the review authority. 3. Section 20.49.040(A) (Preferred Locations) of the NBMC, 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). Although lower on the listing of priority facilities, the proposed facility consists of one (1) small cell facility that is designed to not visually dominate the surrounding area and instead to blend into the existing block. 4. Section 20.49.050 (General Development and Design Standards) of the NBMC, requires projects to be visually compatible with surrounding structures. In reviewing this application, the review authority shall consider the proposed facility’s use of color blending, equipment screening, and the limited size of the equipment designed consistently with the aforementioned criteria. All telecommunications equipment on top of the streetlight pole would be concealed within a painted-to-match 12-inch diameter shroud. The Project would rely on likeness with the streetlight pole through style, color, and material to help disguise its presence. Engineering of the replacement streetlight pole accommodates and withstands the weight of the small cell equipment and has ability to display a future City banner, if needed. Electrical and wiring components of the telecommunications equipment are designed to be fully contained within the new streetlight pole. The overall height of 34 feet, 9 inches from finished grade to the top of 22 Planning Commission Resolution No. PC2020-018 Page 5 of 15 the proposed facility complies with the maximum allowed. Equipment not contained within the shroud on the streetlight pole would be out of sight, located below the ground in the adjacent ROW. Condition of Approval No. 32 requires approved design drawings from Southern California Edison (“SCE”) of the power supply to the small cell facility before construction of the facility is to commence. 5. Existing residential properties contiguous to the Project are in the R-2 (Two-Unit Residential) Zoning District. R-2-zoned sites allow for structures up to 24 feet for flat roof elements and 29 feet to the ridge of a sloped roof. The height of the existing streetlight SLC0796 sits just above the maximum allowable height for residential structures. The streetlight is separated from the residences by a large 20-foot vegetated parkway that is landscaped with taller palm trees. Given this buffer between the streetlight and the residences, SLC0796 is softened and screened by the landscaping from the residential neighborhood beyond. 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. 6. Submitted materials from the Applicant demonstrate the proposal would conform with Federal Communications Commission (“FCC”) Rules and Regulations regarding safety and radio frequency emissions. 7. The Project will comply with applicable requirements of the NBMC with construction as shown on the plans and implementation of the conditions of approval. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. City of Newport Beach Streetlight No. SLC0796 is located within the public right-of-way on the northern side of Balboa Boulevard at the northwestern corner of the 30th Street intersection. It is immediately adjacent to an unusually large vegetated parkway that is approximately 20 feet wide. Beyond the parkway to the northeast is a block of two-unit residential development. All surrounding land uses are residential and vary in density from two-unit residential to single-unit residential. The only exception is a CV (Commercial Visitor Serving) zoned parcel across 30th Street from the site, which is presently developed with a laundromat (Beach Coin Laundry). 2. 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 23 Planning Commission Resolution No. PC2020-018 Page 6 of 15 not required, the Applicant produced a coverage map for the Project. This map indicates the proposed facility would boost the supply of capacity and coverage in the vicinity. 3. SLC0796 serves as a part of the City’s existing streetlight inventory. AT&T proposes to: (1) remove and replace SLC0796 with a new streetlight in the same location; (2) maintain the existing luminaire height of 29 feet, 9 inches; (3) install telecommunications equipment for a small cell wireless facility on top of the new streetlight pole resulting in an overall height of 34 feet, 9 inches; and (4) establish new below-grade support equipment adjacent to the streetlight, within the public right-of-way. 4. The replacement streetlight pole design is consistent with the size, shape, style, and design of that existing, including the attached light arm and luminaire. For safety and circulation of the area during construction, Condition of Approval No. 40 requires traffic control plans illustrating compliance with the 2016 watchbook to be reviewed and approved by the Public Works Department prior to the issuance of any building permit. 5. The Project is anticipated to enhance coverage and capacity for residents, visitors and businesses in the neighborhood by providing wireless access to voice and data transmission services. The proposed telecom facility is not expected to result in any material changes to the character of the local community. 6. See Facts in Support of Finding B.4, B.5, and B.6. 7. The Project will be unmanned, will have no impact on the circulation system, and, as conditioned, will not generate noise, odor, smoke, or any other adverse impacts to adjacent land uses. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. Adequate public and emergency vehicle access, public services, and utilities are provided to and around the subject site and the proposed use will not change this. 2. The Project will be unmanned and will have no permanent impact on the circulation system and adjacent land uses due to its location in the parkway, outside of existing vehicle or pedestrian circulation areas. 3. The Public Works Department and Utilities Department have reviewed the project proposal and do not have any concerns regarding access, public services, or utilities provided to the existing neighborhood and surrounding area. 24 Planning Commission Resolution No. PC2020-018 Page 7 of 15 Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The Project will only require periodic maintenance and will not generate any type of significant adverse impacts to the environment, such as noise, odor, smoke, etc. 2. The Project must and will comply with the applicable Federal and State rules, regulations and standards thus, ensuring public health and safety. 3. See Facts in Support of Finding B.4, B.5, B.6, B.7, and B.8. 4. The Project will be effectively blended based upon the design and location with the incorporation of the conditions of approval to the greatest extent feasible. As a result, the proposed facility at this location is not expected to result in conditions that are materially detrimental to nearby property owners, residents, and businesses, nor to public health or safety. Wireless Telecommunications Facility In accordance with Subsection 20.49.060(H)(1) (General Findings for Telecom Facilities) of the NBMC, the following additional findings and facts in support of such findings are set forth: Finding: F. The proposed telecom facility is visually compatible with the surrounding neighborhood. Facts in Support of Finding: 1. See Facts in Support of Finding B.4, B.5, and B.6. 2. The closest residentially zoned property is located approximately 20 feet northeast of SLC0796 and is buffered by a large 20-foot-wide parkway area with vegetation of varying heights. SLC0796 is located along the inland side of a well-traveled street and will blend in with the surrounding streetscape. There are no public parks near the Project. The Project and below-grade accessory equipment meets the City’s design parameters approved by the City’s Master License Agreement, which emphasizes stealth techniques and best practices to not be materially detrimental to the surrounding area. 25 Planning Commission Resolution No. PC2020-018 Page 8 of 15 Finding: G. The proposed telecom facility complies with height, location and design standards, as provided for in this chapter. Facts in Support of Finding: 1. The 34-foot, 9-inch tall small cell facility would comply with the maximum height limit of 35 feet for telecom facilities installed on streetlights within the public right-of-way. 2. See Facts in Support of Finding B in its entirety. 3. The application includes documentation indicating the need to provide and improve coverage to the residential areas within the City. Moreover, the additional system capacity provided by the Project will address service gaps that occur during high demand periods, as well as service gaps that exist at all demand periods to the surrounding area. SLC0796 will help AT&T to meet its coverage objectives and improve coverage to nearby areas that are currently marginal. Finding: H. An alternative site(s) located further from a residential district, public park or public facility cannot feasibly fulfill the coverage needs fulfilled by the installation at the proposed site. Facts in Support of Finding: 1. See Fact in Support of Finding C.2. 2. Five nearby streetlights were identified and investigated by the Applicant as possible alternate locations for this small cell facility; however, all sites were found by the applicant to be not viable. 3. Alternative Site #1 is a wooden utility pole located approximately 100 feet north of the proposed streetlight. This pole is located immediately in front of a two-unit residential structure that is oriented towards Balboa Boulevard within a narrower parkway area. Installation of small cell infrastructure at this location would require placement of a crossarm with exposed equipment on either side of the wooden pole and would not be as aesthetically compatible as the proposed location. Most importantly, the wooden utility pole is located within an approved underground assessment and utility district, which will aim to eventually eliminate such above-ground utilities in the area. 4. Alternative Site #2 at City Streetlight No. SLC0767 located approximately 160 feet northwest of the proposed streetlight on the opposite side of Balboa Boulevard. This alternative location is in very close proximity to overhead powerlines, which would make additional height above the existing streetlight pole infeasible. Furthermore, the existing streetlight is located such that accessibility is limited and a girthier pole could not be accommodated without further constraining the sidewalk. 26 Planning Commission Resolution No. PC2020-018 Page 9 of 15 5. Alternative Site #3 is a wooden utility pole located approximately 78 feet west of the proposed streetlight. This pole is located immediately adjacent to the front patio of an existing, single-story residence. Like Alternative Site #1, installation of small cell infrastructure at this location would require placement of a crossarm with exposed equipment on either side of the wooden pole and would not be as aesthetically compatible as the proposed location. Most importantly, the wooden utility pole is located within an approved underground assessment and utility district, which will aim to eventually eliminate such above-ground utilities in the area. 6. Alternative Site #4 at City Streetlight No. SLC0768 is located at the southwest corner of Balboa Boulevard and 30th Street approximately 100 feet from the proposed streetlight. Like Alternative Site #2, this alternative location is in very close proximity to overhead powerlines, which would make additional height above the existing streetlight pole infeasible. Accessibility is also limited here and a girthier pole cannot be accommodated without further constraining the sidewalk. 7. Alternative Site #5 at City Streetlight No. SLC0766 is located at the alleyway between 30th Street and 29th Street, approximately 175 feet southeast of the proposed streetlight. Like Alternative Site #2 and Alternative Site #4, accessibility is limited at this location and a girthier pole cannot be accommodated without further constraining the sidewalk. Finding: I. An alternative plan that would result in a higher preference facility class category for the proposed facility is not available or reasonably feasible and desirable unde r the circumstances. Facts in Support of Finding: 1. See Fact in Support of Finding C.2. 2. AT&T’s analysis concluded that a more preferred location as defined by Subsection 20.49.040(A) (Preferred Locations) of the NBMC, 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. 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 27 Planning Commission Resolution No. PC2020-018 Page 10 of 15 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. 2. The Planning Commission of the City of Newport Beach hereby upholds the Zoning Administrator’s decision and approves Minor Use Permit No. UP2019-030, subject to the conditions set forth in “Exhibit A,” which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the City Clerk in accordance with the provisions of NBMC Title 20 Planning and Zoning. PASSED, APPROVED, AND ADOPTED THIS 4TH DAY OF JUNE, 2020. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Peter Koetting, Chairman BY:_________________________ Lee Lowrey, Secretary 28 Planning Commission Resolution No. PC2020-018 Page 11 of 15 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 Use Permit. 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 Projecty 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. The small cell facility and base streetlight pole approved by this permit shall not exceed a total of 34 feet, 9 inches in height from existing grade (maximum elevation height of 43.57 feet above mean sea level using the North American Vertical Datum of 1988 [NAVD88]). 29 Planning Commission Resolution No. PC2020-018 Page 12 of 15 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 Project 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 Project 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 carriers 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. 30 Planning Commission Resolution No. PC2020-018 Page 13 of 15 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 Project 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 20.49.050. 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 20.49, 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. Use Permit No. UP2019-030 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the NBMC, unless an extension is otherwise granted. 31 Planning Commission Resolution No. PC2020-018 Page 14 of 15 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 a.m. and 6:30 p.m., Monday through Friday and 8 a.m. and 6 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or holidays. 31. This Use Permit 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 shall promptly notify the City if the landscaped parkway of the subject streetlight pole is negatively affected or otherwise damaged by project implementation. 34. 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 on SLC0796, including, but not limited to, Minor Use Permit No. UP2019-030 (PA2019-111). 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 35. Prior to the issuance of a building permit, an encroachment permit shall be required. 36. 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 32 Planning Commission Resolution No. PC2020-018 Page 15 of 15 construction vehicles shall be minimized by proper use of traffic control equipment and flagman. Additional Conditions of Approval 37. 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 Project 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. 33 INTENTIONALLY BLANK PAGE34 Attachment No. PC 2 Draft Resolution for Denial 35 INTENTIONALLY BLANK PAGE36 RESOLUTION NO. ____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, REVERSING THE DECISION OF THE ZONING ADMINISTRATOR AND DENYING MINOR USE PERMIT NO. UP2019-030 FOR A SMALL CELL FACILITY LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY ON CITY STREETLIGHT NUMBER SLC0796, AT THE NORTHWESTERN CORNER OF BALBOA BOULEVARD AND 30TH STREET (PA2019-111) 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 d.b.a. AT&T Mobility (“Applicant”), with respect to City of Newport Beach Streetlight Number SLC0796, located within the public right-of-way, at the northwestern corner of Balboa Boulevard and 30th Street, requesting approval of a minor use permit (“SLC0796”). 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 Balboa Boulevard 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 equipment shroud, with the equipment being fixed to the top of the replaced streetlight pole for a maximum height of 34 feet, 9 inches, and (3) establishment of new below-grade support equipment adjacent to the streetlight (the “Project”). . 3. Since the SLC0796 streetlight 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”). 4. The Project is located within the coastal zone. The removal and installation of an existing streetlight pole is exempt from the requirements of a coastal development permit pursuant to Section 21.50.035(C)(4) (Repair and Maintenance) of the NBMC. In consultation with Coastal Commission staff, the modification of a streetlight for a small cell facility remains exempt, provided there is no visual resource impact. The Project was reviewed for consistency with the Public View Protection regulations of Section 21.49.050(B) (Public View Protection) of the NBMC. It is not on a coastal bluff or canyon, not adjacent to or within the viewshed of a public view point, coastal view road, public park or 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. 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 37 Planning Commission Resolution No. PC2020-### Page 2 of 3 in within the existing streetscape. 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. The installation of a small cell wireless facility will not have a negative impact on coastal views or coastal resources; therefore, a coastal development permit is not required. 5. A public hearing was held on April 16, 2020, in the Community Room located at 100 Civic Center Drive, Newport Beach, California. 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”), Chapter 20.62 and Chapter 21.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this public hearing. 6. The Zoning Administrator adopted Resolution No. ZA2020-030 approving Minor Use Permit No. UP2019-030. 7. On April 28, 2020, attorney Mark Pollock filed an appeal of the Zoning Administrator’s decision primarily citing concerns with the City’s Master License Agreement and the Applicant’s authority to file for this application. 8. A de novo public hearing was held by the Planning Commission on May 21, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of this public meeting was given in accordance with the Ralph M. Brown Act, Chapter 20.62 and Chapter 21.62 of the NBMC. The Planning Commission considered evidence both written and oral at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. Pursuant to Section 15270 of the California Environmental Quality Act (“CEQA”) Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. The Planning Commission may approve a use permit only after making each of the required findings set forth in Section 20.52.020 (Conditional Use Permit and Minor Use Permits), as well as those in Subsection 20.49.060(H)(1) of the NBMC. In this case, the Planning Commission was unable to make the required findings based upon the following: \\ \\ \\ \\ \\ 38 Planning Commission Resolution No. PC2020-### Page 3 of 3 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. Pursuant to Section 15270 of the California Environmental Quality Act (“CEQA”) Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, projects which a public agency rejects or disapproves are not subject to CEQA review . 2. The Planning Commission of the City of Newport Beach hereby reverses the Zoning Administrator’s decision and denies Minor Use Permit No. UP2019-030. 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 City Clerk in accordance with the provisions of NBMC Title 20 Planning and Zoning. PASSED, APPROVED, AND ADOPTED THIS 4th DAY OF JUNE, 2020. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Peter Koetting, Chairman BY:_________________________ Lee Lowrey, Secretary 39 INTENTIONALLY BLANK PAGE40 Attachment No. PC 3 Appeal Form 41 INTENTIONALLY BLANK PAGE42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 INTENTIONALLY BLANK PAGE68 Attachment No. PC 4 Adopted Zoning Administrator Resolution No. ZA2020-030 69 INTENTIONALLY BLANK PAGE70 RESOLUTION NO. ZA2020-030 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR USE PERMIT NO. UP2019-030 FOR A SMALL CELL FACILITY LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY ON CITY STREETLIGHT NUMBER SLC0796, AT THE NORTHWESTERN CORNER OF BALBOA BOULEVARD AND 30TH STREET (PA2019-111) 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 d.b.a. AT&T Mobility (Applicant), with respect to City of Newport Beach Streetlight Number SLC0796, located within the public right-of-way, at the northwestern corner of Balboa Boulevard and 30th Street, requesting approval of a minor use permit. 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 Balboa Boulevard 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 equipment shroud. This equipment would be fixed to the top of the replaced streetlight pole for a maximum height of 34 feet, 9 inches, and (3) Establishment of new below-grade support equipment adjacent to the streetlight. . 3. The streetlight 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 Newport Beach Municipal Code (NBMC) Chapter 20.49 (Wireless Telecommunication Facilities). 4. The project site is located within the coastal zone. It is not located between the first public roadway paralleling the sea and the sea. The removal and installation of an existing streetlight pole is exempt from the requirements of a coastal development permit pursuant to Section 21.50.035(C)(4) (Repair and Maintenance) of the NBMC. In consultation with Coastal Commission staff, the modification of a streetlight for a small cell facility remains exempt, provided there is no visual resource impact. The project was reviewed for consistency with the Public View Protection regulations of Section 21.49.050(B) (Public View Protection) of the NBMC. It is not on a coastal bluff or canyon, not adjacent to or within the viewshed of a public view point, coastal view road, public park or 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. 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 in within the existing streetscape. The replacement streetlight is consistent with the size, 71 Zoning Administrator Resolution No. ZA2020-030 Page 2 of 15 01-25-19 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. The installation of a small cell wireless facility will not have a negative impact on coastal views or coastal resources; therefore, a coastal development permit is not required. 5. A public hearing was held on April 16, 2020, in the Community Room at 100 Civic Center Drive, Newport Beach. 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 telecommunications wireless facility, including below- grade accessory equipment. 3. The exceptions to the Class 3 categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. Minor Use Permit In accordance with NBMC Subsection 20.52.020(F) (Conditional Use Permits and Minor Use Permits), the following findings and facts in support of such findings are set forth: 72 Zoning Administrator Resolution No. ZA2020-030 Page 3 of 15 01-25-19 Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The project site is designated as Public Right-of-Way (ROW), which is property held in trust by the City, and allows for the construction and maintenance of public roads, crosswalks, pedestrian walkways, electric transmission lines, oil or gas pipeline, water line, sanitary or storm sewer, or other similar uses. City Council Policy L-23 (Siting of Wireless Telecommunications Equipment on City-Owned Property) governs procedures and locations for siting wireless telecommunications equipment in the ROW. Streetlights are eligible for telecom use, subject to entitlements (such as this minor use permit request), yearly rent, and a license agreement. 2. General Plan Natural Resources Goal NR 21 recommends the “minimized visual impacts of signs and utilities.” The proposed design is consistent with NR 21 by introducing no new vertical obstructions in the ROW, employing stealth elements like colorization (painting to match the streetlight pole), and installing the associated equipment below grade. Conditions of Approval No. 20 and 21 prohibit advertising signage or identifying logos on any telecom facility except for small identification, address, warning, and similar information plates. Signage required by State or Federal regulations shall be allowed in its smallest permissible size. 3. General Plan Land Use Policy LU 6.1.3 promotes “architecture and planning that complements adjoining uses.” The proposed design adjoins residential uses and aligns with LU 6.1.3 by copying the size, shape, style, and design of the existing streetlight pole to decrease potential disruption of the visual environment. Adverse impact to circulation, aesthetics, sounds, or odor are not anticipated from project implementation. 4. General Plan Land Use Policy LU 4 calls for the “management of growth and change to protect and enhance the livability of neighborhoods and achieve distinct and economically vital business and employment districts, which are correlated with supporting infrastructure and public services and sustain Newport Beach’s natural setting.” The proposed small cell facility upholds the intent of LU 4 by providing infrastructure to add system capacity for service gaps that may occur for residents and businesses of the area in regular and high demand periods. It also benefits the community by improving the existing coverage and capacity to increase the voice and data system already in use by its customers. The facility is designed to adapt and accept future technologies, such as 5G, and will help meet local demand and sustain the livability of the area. 5. The project site is not located within a specific plan area 73 Zoning Administrator Resolution No. ZA2020-030 Page 4 of 15 01-25-19 Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. See Fact in Support of Finding A.1. 2. Wireless telecommunication facilities are regulated by NBMC Chapter 20.49 (Wireless Telecommunication Facilities). To site small cell equipment in the ROW assigns the project a Class 3 specification (Public Right-of-Way Installations) and requires the Applicant to obtain a minor use permit from the Zoning Administrator (NBMC Section 20.49.060 [Permit Review Procedures]). 3. NBMC Subsection 20.49.040(A) (Preferred Locations) prioritizes telecom facilities from most preferred (1) to least preferred (4) as follows: (1) collocation of a new facility at an existing facility; (2) Class 1 Stealth/Screened); (3) Class 2 (Visible Antennas), Class 3 (Public Right-of-Way); and (4) Class 4 (Freestanding Structure). Although lower on the listing of priority facilities, the proposed facility consists of one (1) small cell facility that is designed to not visually dominate the surrounding area and instead to blend into the existing block. 4. NBMC Section 20.49.050 (General Development and Design Standards) requires projects to be visually compatible with surrounding structures. In reviewing this application, the Zoning Administrator shall consider the proposed facility’s use of color blending, equipment screening, and the limited size of the equipment designed consistently with the aforementioned criteria. All telecommunications equipment on top of the streetlight pole would be concealed within a painted-to-match 12-inch diameter shroud. The proposed small cell facility would rely on likeness with the streetlight pole through style, color, and material to help disguise its presence. Engineering of the replacement streetlight pole accommodates and withstands the weight of the small cell equipment and has ability to display a future City banner, if needed. Electrical and wiring components of the telecommunications equipment are designed to be fully contained within the new streetlight pole. The overall height of 34 feet, 9 inches from finished grade to the top of the proposed facility complies with the maximum allowed. Equipment not contained within the shroud on the streetlight pole would be out of sight, located below the ground in the adjacent ROW. Condition of Approval No. 32 requires approved design drawings from Southern California Edison (SCE) of the power supply to the small cell facility before construction of the facility is to commence. 5. Existing residential properties contiguous to the site are in the R-2 (Two-Unit Residential) Zoning District. R-2-zoned sites allow for structures up to 24 feet for flat roof elements and 29 feet to the ridge of a sloped roof. The height of the existing streetlight SLC0796 sits just above the maximum allowable height for residential structures. The streetlight is separated from the residences by a large 20-foot vegetated parkway that is landscaped with taller palm trees. Given this buffer between the streetlight and the 74 Zoning Administrator Resolution No. ZA2020-030 Page 5 of 15 01-25-19 residences, the streetlight is softened and screened by the landscaping from the residential neighborhood beyond. 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. 6. Submitted materials from the Applicant demonstrate the proposal would conform with Federal Communications Commission (FCC) Rules and Regulations regarding safety and radio frequency emissions. 7. The proposed telecom facility will comply with applicable requirements of the NBMC with construction as shown on the plans and implementation of the conditions of approval. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. City of Newport Beach Streetlight No. SLC0796 is located within the public right-of-way on the northern side of Balboa Boulevard at the northwestern corner of the 30th Street intersection. It is immediately adjacent to an unusually large vegetated parkway that is approximately 20 feet wide. Beyond the parkway to the northeast is a block of two-unit residential development (Attachment No. ZA 2). All surrounding land uses are residential and vary in density from two-unit residential to single-unit residential. The only exception is a Commercial Visitor Serving (CV) zoned parcel across 30th Street from the site, which is presently developed with a laundromat (Beach Coin Laundry). 2. Under the new FCC Order, wireless providers are not required to demonstrate a significant coverage gap, a qualification previously required by local jurisdictions in order to support an application. Pursuant to the Order, the City cannot “materially [inhibit] the introduction of new services or the improvement of existing services.” Moreover, pursuant to Section 332(c)(7)(B)(i)(II) of U.S. Code Title 47 (Telecommunications), the City may “not regulate the placement, construction or modification of wireless service facilities in a manner that prohibits the provision of personal wireless services.” Although not required, the Applicant produced a coverage map for the project. This map indicates the proposed facility would boost the supply of capacity and coverage in the vicinity. 3. SLC0796 serves as a part of the City’s existing streetlight inventory. AT&T proposes to: (1) remove and replace SLC0796 with a new streetlight in the same location; (2) maintain the existing luminaire height of 29 feet, 9 inches; (3) install telecommunications equipment for a small cell wireless facility on top of the new streetlight pole resulting in an overall height of 34 feet, 9 inches; and (4) establish new below-grade support equipment adjacent to the streetlight, within the public right-of-way. 75 Zoning Administrator Resolution No. ZA2020-030 Page 6 of 15 01-25-19 4. The replacement streetlight pole design is consistent with the size, shape, style, and design of that existing, including the attached light arm and luminaire. For safety and circulation of the area during construction, Condition of Approval No. 40 requires traffic control plans illustrating compliance with the 2016 watchbook to be reviewed and approved by the Public Works Department prior to the issuance of any building permit. 5. The proposed telecom facility is anticipated to enhance coverage and capacity for residents, visitors and businesses in the neighborhood by providing wireless access to voice and data transmission services. The proposed telecom facility is not expected to result in any material changes to the character of the local community. 6. See Facts in Support of Finding B.4, B.5, and B.6. 7. The proposed facility will be unmanned, will have no impact on the circulation system, and, as conditioned, will not generate noise, odor, smoke, or any other adverse impacts to adjacent land uses. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. Adequate public and emergency vehicle access, public services, and utilities are provided to and around the subject site and the proposed use will not change this. 2. The proposed facility will be unmanned and will have no permanent impact on the circulation system and adjacent land uses due to its location in the parkway, outside of existing vehicle or pedestrian circulation areas. 3. The Public Works Department and Utilities Department have reviewed the project proposal and do not have any concerns regarding access, public services, or utilities provided to the existing neighborhood and surrounding area. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The proposed facility will only require periodic maintenance and will not generate any type of significant adverse impacts to the environment, such as noise, odor, smoke, etc. 76 Zoning Administrator Resolution No. ZA2020-030 Page 7 of 15 01-25-19 2. The proposed facility must and will comply with the applicable Federal and State rules, regulations and standards thus, ensuring public health and safety. 3. See Facts in Support of Finding B.4, B.5, B.6, B.7, and B.8. 4. The proposed telecom facility will be effectively blended based upon the design and location with the incorporation of the conditions of approval to the greatest extent feasible. As a result, the proposed facility at this location is not expected to result in conditions that are materially detrimental to nearby property owners, residents, and businesses, nor to public health or safety. Wireless Telecommunications Facility In accordance with NBMC Subsection 20.49.060(H)(1) (General Findings for Telecom Facilities), the following additional findings and facts in support of such findings are set forth: Finding: F. The proposed telecom facility is visually compatible with the surrounding neighborhood. Facts in Support of Finding: 1. See Facts in Support of Finding B.4, B.5, and B.6. 2. The closest residentially zoned property is located approximately 20 feet northeast of the project site and is buffered by a large 20-foot-wide parkway area with vegetation of varying heights. The proposed streetlight is located along the inland side of a well- traveled street and will blend in with the surrounding streetscape. There are no public parks near the proposed project. The proposed facility and below-grade accessory equipment meets the City’s design parameters approved by the City’s Master License Agreement, which emphasizes stealth techniques and best practices to not be materially detrimental to the surrounding area. Finding: G. The proposed telecom facility complies with height, location and design standards, as provided for in this chapter. Facts in Support of Finding: 1. The 34-foot, 9-inch tall small cell facility would comply with the maximum height limit of 35 feet for telecom facilities installed on streetlights within the public right-of-way. 2. See Facts in Support of Finding B in its entirety. 3. The application includes documentation indicating the need to provide and improve coverage to the residential areas within the City of Newport Beach. Moreover, the 77 Zoning Administrator Resolution No. ZA2020-030 Page 8 of 15 01-25-19 additional system capacity provided by the proposed facility will address service gaps that occur during high demand periods, as well as service gaps that exist at all demand periods to the surrounding area. The proposed small cell site will help AT&T to meet its coverage objectives and improve coverage to nearby areas that are currently marginal. Finding: H. An alternative site(s) located further from a residential district, public park or public facility cannot feasibly fulfill the coverage needs fulfilled by the installation at the proposed site. Facts in Support of Finding: 1. See Fact in Support of Finding C.2. 2. Five nearby streetlights were identified and investigated by the Applicant as possible alternate locations for this small cell facility; however, all sites were found by the applicant to be not viable (see Attachment No. ZA 3). 3. Alternative Site #1 is a wooden utility pole located approximately 100 feet north of the proposed streetlight. This pole is located immediately in front of a two-unit residential structure that is oriented towards Balboa Boulevard within a narrower parkway area. Installation of small cell infrastructure at this location would require placement of a crossarm with exposed equipment on either side of the wooden pole and would not be as aesthetically compatible as the proposed location. Most importantly, the wooden utility pole is located within an approved underground assessment and utility district, which will aim to eventually eliminate such above-ground utilities in the area. 4. Alternative Site #2 at City Streetlight No. SLC0767 located approximately 160 feet northwest of the proposed streetlight on the opposite side of Balboa Boulevard. This alternative location is in very close proximity to overhead powerlines, which would make additional height above the existing streetlight pole infeasible. Furthermore, the existing streetlight is located such that accessibility is limited and a girthier pole could not be accommodated without further constraining the sidewalk. 5. Alternative Site #3 is a wooden utility pole located approximately 78 feet west of the proposed streetlight. This pole is located immediately adjacent to the front patio of an existing, single-story residence. Like Alternative Site #1, installation of small cell infrastructure at this location would require placement of a crossarm with exposed equipment on either side of the wooden pole and would not be as aesthetically compatible as the proposed location. Most importantly, the wooden utility pole is located within an approved underground assessment and utility district, which will aim to eventually eliminate such above-ground utilities in the area. 6. Alternative Site #4 at City Streetlight No. SLC0768 is located at the southwest corner of Balboa Boulevard and 30th Street approximately 100 feet from the proposed streetlight. Like Alternative Site #2, this alternative location is in very close proximity to overhead powerlines, which would make additional height above the existing streetlight pole 78 Zoning Administrator Resolution No. ZA2020-030 Page 9 of 15 01-25-19 infeasible. Accessibility is also limited here and a girthier pole cannot be accommodated without further constraining the sidewalk. 7. Alternative Site #5 at City Streetlight No. SLC0766 is located at the alleyway between 30th Street and 29th Street, approximately 175 feet southeast of the proposed streetlight. Like Alternative Site #2 and Alternative Site #4, accessibility is limited at this location and a girthier pole cannot be accommodated without further constraining the sidewalk. Finding: I. An alternative plan that would result in a higher preference facility class category for the proposed facility is not available or reasonably feasible and desirable under the circumstances. Facts in Support of Finding: 1. See Fact in Support of Finding C.2. 2. AT&T’s analysis concluded that a more preferred location as defined by NBMC Subsection 20.49.040(A) (Preferred Locations), such as a collocation or a Class 1 or 2 facility, would not be technically feasible from an RF or construction perspective. The analysis explained that small cell facilities are low powered and must be located at the precise location selected to serve the network traffic demands of the specific limited area. Further, this type of service cannot be accomplished with a traditional macro collocation or building mounted site in the area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15302 and 15303 under Class 2 (Replacement or Reconstruction) and Class 3 (New Construction or Conversion of Small Structures), respectively, of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The exceptions to the Class 3 exemption do not apply. 2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2019-030, subject to the conditions set forth in “Exhibit A,” which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of NBMC Title 20 Planning and Zoning. 79 Zoning Administrator Resolution No. ZA2020-030 Page 10 of 15 01-25-19 PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF APRIL, 2020. 80 Zoning Administrator Resolution No. ZA2020-030 Page 11 of 15 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 Use Permit. 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 34 feet, 9 inches in height from existing grade (maximum elevation height of 43.57 feet above mean sea level using the North American Vertical Datum of 1988 [NAVD88]). 81 Zoning Administrator Resolution No. ZA2020-030 Page 12 of 15 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 carriers 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. 82 Zoning Administrator Resolution No. ZA2020-030 Page 13 of 15 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 20.49.050. 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 20.49, 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. Use Permit No. UP2019-030 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 20.54.060 (Time Limits and Extensions), unless an extension is otherwise granted. 83 Zoning Administrator Resolution No. ZA2020-030 Page 14 of 15 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 and 8 a.m. and 6 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or holidays. 31. This Use Permit 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 shall promptly notify the City if the landscaped parkway of the subject streetlight pole is negatively affected or otherwise damaged by project implementation. 34. 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 on SLC0796, including, but not limited to, Minor Use Permit No. UP2019-030 (PA2019-111). 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 35. Prior to the issuance of a building permit, an encroachment permit shall be required. 36. 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 84 Zoning Administrator Resolution No. ZA2020-030 Page 15 of 15 01-25-19 construction vehicles shall be minimized by proper use of traffic control equipment and flagman. Additional Conditions of Approval 37. 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. 85 INTENTIONALLY BLANK PAGE86 Attachment No. PC 5 Minutes of the Zoning Administrator Meeting of April 16, 2020 87 INTENTIONALLY BLANK PAGE88 Page 1 of 8 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH COMMUNITY ROOM THURSDAY, APRIL 16, 2020 REGULAR MEETING – 3:00 P.M. I. CALL TO ORDER – The meeting was called to order at 3:00 p.m. Staff Present: Jaime Murillo, Zoning Administrator Armeen Komeili, Deputy City Attorney Benjamin Zdeba, Senior Planner Chelsea Crager, Associate Planner Patrick Achis, Assistant Planner Joselyn Perez, Assistant Planner Melinda Whelan, Assistant Planner Liane Schuller, Planning Consultant II. REQUEST FOR CONTINUANCES Staff requested Item Number 9 be continued to April 30, 2020. The item will be re-noticed. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF MARCH 12, 2020 Action: Approved as Amended IV. PUBLIC HEARING ITEMS ITEM NO. 2 716 Heliotrope, LLC Condominiums Tentative Parcel Map No. NP2019-017 (PA2019- 262) Site Location: 716 Heliotrope Avenue Council District 6 The Zoning Administrator introduced the item with no need for a staff presentation due to the simplicity of the request. He explained the map will allow the duplex to sell each unit as a condominium and the map has been conditioned to assess a park fee and remove the non-permitted improvements in the right-of-way along Heliotrope Avenue. Melinda Whelan, Assistant Planner confirmed presence on the conference call and confirmed that she had received correspondence confirming that the applicant had reviewed and accepted all of the conditions. The Zoning Administrator explained that written correspondence was received from resident, Jim Mosher regarding combining repetitive conditions, and confirmed that this correction would be made to the resolution. The Zoning Administrator opened the public hearing in the room and on the phone. Seeing that no one from the public wished to comment, the public hearing was closed. Action: Approved as Amended ITEM NO. 3 AT&T Small Cell SLC0796 Minor Use Permit No. UP2019-030 (PA2019-111) Site Location: Public right-of-way, City streetlight number SLC0796, at the northwestern corner of Balboa Boulevard and 30th Street Council District 1 89 MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 04/16/2020 Page 2 of 8 Benjamin Zdeba, Senior Planner, started by providing context and background on small cell wireless facilities. He noted they are being widely deployed throughout the country as a leading solution to solving coverage gaps and increased data demands. They are also intended to work in conjunction with the larger, macro facilities on a carrier’s network and service a smaller area. He stressed that the City’s review of these, and all wireless facilities, is largely limited by federal law and is narrowed to focus primarily on land use compatibility, aesthetics, and environmental impacts. The Federal Communications Commission (FCC) exclusively sets standards for radio frequency or “RF” emissions. As such, the City is not able to base any recommendation on potential health and safety impacts. He added that on February 12, 2019, the Newport Beach City Council authorized the execution of a Master License Agreement with AT&T, authorizing non-exclusive use of City-owned streetlights to install wireless telecommunications facilities and included approved designs, fee and rent assessments. Senior Planner Zdeba then continued to provide a brief project description noting that AT&T is requesting to remove and replace City Streetlight No. SLC0796, which is located within the public right-of-way adjacent to the northwestern corner of the Balboa Boulevard and 30th Street intersection. All surrounding land uses are residential and vary in density. This location is unique in that there isan approximately 20-foot wide landscaped parkway area buffering it from the nearest residence. This project requires the approval of a minor use permit. Senior Planner Zdeba continued that staff analyzed the project for consistency with the Coastal Act and determined it does not negatively impact any designated public view corridors nor does it negatively impact coastal access and resources. In consultation with Coastal Commission staff, it was determined the proposed replacement streetlight pole and small cell installation does not require the issuance of a coastal development permit. Furthermore, the streetlight pole is not located between the first public road paralleling the sea and the sea and the project is consistent with Section 21.49.050(B) of Title 21 (Local Coastal Program Implementation Plan), which aims to protect and enhance scenic resources. Mr. Zdeba stated that the replacement streetlight pole will be purposed with maintaining the intent of the City’s streetlight inventory. It will maintain the same exact luminaire height as the current streetlight pole. However, the new equipment will extend up to an overall height of 34 feet, 9 inches from grade. All equipment and supporting equipment will either be contained within the pole itself, behind a shroud/screen, or underground in a vaulted area. From a Municipal Code perspective, Mr. Zdeba stated that this type of facility is considered a Class 3 (Public Right-of-Way) installation and falls lower on the preferential list of installation types. The first two classes are stealth facilities, which are often housed on top of existing commercial and multi-family residential structures, and visible facilities, whichareexposed antennas on existingcommercial and multi-family residential structures. Given the lack of taller commercial buildings in the area, these more-preferred classes were determined to be unviable. Senior Planner Zdeba explained that although it does fall lower on the priority list, this facility is designed to blend into the streetscape without visually dominating the area. Maintaining the same luminaire height as the current pole will help to maintain consistency with the surrounding streetlights in the area. Furthermore, the Code discusses development standards including blending and screening. The proposed facility is located adjacent to a wide parkway area that is one of the largest in the area. It is planted with taller landscaping, including palm trees, which will serve as a softening buffer between the residential structures beyond. With respect to heights in the area, the maximum allowable height for the abutting residential zoning districts is 29 feet to the ridge of a sloping roof. The current streetlight pole sits just above the allowed height at 29 feet, 9 inches. The proposed streetlight pole with the proposed equipment on top would extend to an overall height of 34 feet, 9 inches and would not appear out of scale with the structures in the area. It is also notable that in many other areas, there are taller wooden utility poles. Mr. Zdeba added that another component of staff’s review is alternative sites in the area that may be better- suited for the proposed facility. The applicant provided analysis for five other sites in the vicinity. Attachment No. ZA 3 to the staff report goes into each alternative site in more detail and provides photographs as well. Each of the five alternative sites were determined to be unviable due to limited accessibility around a slightly 90 MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 04/16/2020 Page 3 of 8 wider pole, proximity to overhead powerlines, and location within an approved underground assessment district. Lastly, Senior Planner Zdeba stated that one piece of written correspondence was received prior to the staff report being published citing concerns related to health and safety impacts. Three additional pieces of written correspondence were received, two from an attorney, Mark Pollock, representing a resident and one from Jim Mosher. Mr. Zdeba concluded that staff believed all required findings can be made and recommended approval of this project. Zoning Administrator Murillo requested clarification as to why all the alternative sites were in such close proximity to one another. In response, Mr. Zdeba stated that the small cell wireless facilities are considered micro” sites and have a smaller radius of transmission. They are intended to work in conjunction with larger macro sites. He also added that, although not required, the applicant provided coverage maps to identify the present gap in coverage that exists without the proposed site. Zoning Administrator Murillo stated that there are taller, mature palm trees adjacent to the site and that there should be a condition of approval added about compliance with the Migratory Bird Treaty Act. Mr. Zdeba indicated that condition would be added, if approved. In response to the correspondence received from Mr. Mosher, Zoning Administrator Murillo also requested additionalinformation as towhy the project was exemptedfrom a coastal development permit. Mr. Zdebastated that NBMC Section 21.52.035(c)(4) (Repair and Maintenance) is the operative section that was identified as being appropriate for the replacement of a streetlight with a small cell facility installation in consultation with Coastal Commission staff. Applicant Franklin Orozco, on behalf of the AT&T Mobility, stated that he had reviewed the draft resolution and agrees with all the required conditions. He also clarified that the site is a “pico” small-cell site, which does not have as wide of a range as macro sites. The range of a pico cell site is approximately 750 to 1,000 feet, which is why they typically only look at alternative locations within 250 feet of the targeted site. He also explained why a macro site was not feasible in this particular area and indicated that there will be several applications for similar projects coming forward. The Zoning Administrator opened the public hearing in the room and on the phone. Matthew Tanner, a resident at 209 30th Street, stated that everyone in his area was opposed to the project and expressed concerns about the potential health and safety impacts of the proposal. He submitted his written comments for the record. Denise Fenton, owner of the Beach Coin Laundry, also expressed concerns about the potential health and safety impacts of the proposal. She further added that the proposal is not aesthetically pleasing. Mark Pollock, attorney, referenced his submitted written correspondence and stated his disagreement that the Zoning Administrator has the authority to act on this application and that for the subsequent Item No. 4, under NBMC Section 20.49.080. He further expressed concerns with the applicant entity and its validity under the executed Master License Agreement with the City. He also expressed concern with the insurance requirements. Brenda Martin, a resident at 206 ½ 30th Street, cited health concerns and expressed opposition to the project. She submitted her written comments into the record. The Zoning Administrator closed the public hearing. Zoning Administrator Murillo acknowledged the stated health and safety concerns brought forward during the public comments section, but reiterated that the City does not have authority to restrict emissions or operation of the facility. Furthermore, he indicated that a decision cannot be rendered on account of the same concerns. 91 MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 04/16/2020 Page 4 of 8 Lastly, he noted that the City’s review is limited to aesthetics and land use compatibility, and that a more recent Federal Communications Commission ruling requires the City to accommodate such facilities within the public rights-of-way. In response to Mr. Pollock’s comments from his March 25, 2020, letter, Deputy City Attorney Armeen Komeili, stated that staff reviewed the two license agreements referenced in Mr. Pollock’s letter and the insurance requirements and has confirmed said insurance requirements have been metand certified by the correct entity. With respect to pollution liability, neither agreement has a pollution liability clause; therefore, it is not required. With respect to Mr. Pollock’s contention that the City has the ability to restrict or regulate the operation of these facilities, Deputy City Attorney Komeili stated that the Ninth Circuit has not yet opined on this matter, but the Second Circuit has stated that local governments are limited to regulating location, placement and modification, and cannot regulate the operation. As such, the City Attorney’s Office recommends against using the Minor Use Permit as a mechanism to restrict the operation of the facility. Zoning Administrator Murillo recapped the project and notedthe change to the streetscape is very nominal and that the applicant’s design had accomplished blending and screening through maintaining similar attributes to the current streetlight pole. He further stated his agreement that this is the best location when considering all five alternative locations. Finally, he provided additional language under statement number four of “Section 1 Statement of Facts” with respect to the Coastal Development Permit exemption. The Zoning Administrator approved the project and found it exempt from the requirements of the California Environmental Quality Act under the Class 2 and 3 exemptions. Action: Approved as Amended ITEM NO. 4 AT&T Small Cell SLC4653 Minor Use Permit No. UP2019-034 (PA2019-115) Site Location: Public right-of-way, City streetlight number SLC4653, on the north side of Bayside Drive, approximately 900 feet northwest of El Paseo Drive Council District 5 Joselyn Perez, Assistant Planner, provided a brief project description stating that the applicant is requesting a minor use permit to allow the replacement of a City streetlight and the subsequent installation of telecom equipment for a small cell wireless facility. The streetlight proposed for the project, City Streetlight Number SLC4653, is located on the northeast side of Bayside Drive, approximately 900 feet northwest of El Paseo Drive. This streetlight is within the coastal zone and therefore initially evaluated in accordance with Newport Beach Municipal Code Section 21.30.100 Scenic and Visual Quality Protection. The project was found to not have one or more of the characteristics listed in subsection (B) of the aforementioned code section as the site is not located between the first public road and the sea, is not on a coastal bluff or canyon, and it is not adjacent to or within the viewshed of a public view point, a coastal view road, a public park or beach, or a public accessway, as identified on the Coastal LandUse Plan Map 4-3 Coastal Views, and does not containsignificant natural landforms or vegetation. Assistant Planner Perez stated that the surrounding land uses are residential and vary in density from R-1 Single-Unit Residential), immediately adjacent to the projectsite, to RM (Multiple Residential) across the street. The streetlight is separated from the R-1 residences by a steep landscaped downslope. Given the grade differential, the lower setting of the streetlight lessens any visual obtrusion from the proposed small cell facility and prevents the equipment from being within the line of sight for the existing R-1 development. The steep, landscaped hillside provides visual masking of the small cell facility as the streetlight is not isolated or the only visible feature within the general area. There are many streetlights along this stretch of Bayside Drive and the proposed project will blend in with the surrounding streetscape and existing streetlights. The overall height of the replacement pole and equipment is 27 feet, 5 inches and is approximately 7 feet taller than the exiting streetlight pole. The existing pole is approximately 19 feethigh; however, its luminaire height is 20 feet 6 inches. The proposed streetlight with small cell equipment is under maximum allowed height of 35 feet for telecom facilities and is consistent with the Zoning Code. 92 MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 04/16/2020 Page 5 of 8 Ms. Perez continued that the replacement streetlight pole design is consistent with the size, shape, style, and design of that existing, including the attached light arm and luminaire. The new luminaire height will match the existing luminaire height. The proposed streetlight will look like the existing streetlight with the addition of the shrouded telecom equipment on top of the pole. Visual simulations of the facility, depicting the existing and proposed conditions, have been prepared by the applicant and are included as Attachment No. ZA 6 of the staff report. Assistant Planner Perez explainedthat the applicant has studied four alternative sites for this proposed project. Their analysis is available as Attachment No. ZA 3 of the staff report. Ultimately none of the sites were found suitable due to a variety of reasons. These reasons vary from conflicts with existing retaining walls, conflicts with existing street trees, lack of space, incompatible slope material, and existing utilities/drainpipes. Ms. Perez mentioned that staff had received multiple public comments in response to the proposed project. Comments were regarding the feasibility of Alternative Site No. 4 and its aesthetic merits, as Alternative Site No. 4 sits in front of a solar panel installation. Ms. Perez stated that there is a correction needed in the draft resolution. Staff mistakenly wrote that the streetlight was located between the first public road and the sea, however, Bayside Drive is the first public road paralleling the sea and the streetlight is located to the east of Bayside Drive, making it outside of this area. Applicant Franklin Orozco, on behalf of AT&T Mobility, stated that he had reviewed the draft resolution and agrees with all of the required conditions. The Zoning Administrator opened the public hearing in the room and on the phone. One member of the public, Robert Stemmler, stated that he had also submitted a written comment. The adjacent R-1 residence mentioned by staff, located at 1409 Dolphin Terrace, belongs to his parents. The Stemmler family objects to the installation of the telecom equipment at the proposed location and instead believes Alternative Site No. 4 to be a superior option for a variety of reasons including topography, available space, and the large solar panel array backdrop. Mr. Stemmler stated that the stairs which make Alternative Site No. 4 not viable are not permitted, should not be there in the first place, and should therefore not be considered when evaluating Alternative Site No. 4. Mr. Stemmler then explained that the landscaped hillside adjacent to the proposed location provides seating areas for the homeowner’s enjoyment and their enjoyment of those areas would be impacted by this installation. The Zoning Administrator closed the public hearing. Zoning Administrator Murillo confirmed that he had received the public comments. In response to Zoning Administrator Murillo’s question regarding the stairs at Alternative Site No. 4, Ms. Perez confirmed that the stairs are not permitted nor allowed. In response to Zoning Administrator Murillo’s inquiry, Ms. Perez confirmed that there is an encroachment agreement which allows landscaping at the proposed project site limited to a height of 36 inches. Zoning Administrator Murillo stated that he had observed earlier that day during his site visit that Alternative Site No. 4 is located at a curve on Bayside Drive and is highly visible to motorists and pedestrians, whereas the proposed location is in line with the surrounding streetlights. Additionally, highly landscape hillside at the proposed site provided visual interest and distraction. Zoning Administrator Murillo asked staff to revise Fact 4 of “Section 1 Statement of Facts” of the draft resolution to clarify why the project is exempt from a coastal development permit and to also add two conditions of approval: 1) that any landscaping removed as a result of the project will be replaced and 2) that the applicant will comply with the Migratory Bird Treaty Act. Action: Approved as Amended ITEM NO. 5 Buchannon Street Partners Medical/ Dentist Office Minor Use Permit No. UP2020-002 PA2020-009) Site Location: 20361 Irvine Avenue, Units B1 Council District 3 93 MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 04/16/2020 Page 6 of 8 Joselyn Perez, Assistant Planner, provided a brief project description stating that the applicant is requesting a minor use permit to operate a new dental office within The Jetty, an existing office park. The project site is located on Irvine Avenue, near Mesa Drive, and is zoned SP-7/PA ( Santa Ana Heights Specific Plan Professional & Administrative Office District) and the General Plan Land Use Designation for the project site is General Commercial Office. The proposed dentaloffice would occupy an approximately 2,700 square-foot suite on the first floorof Building B. The proposed dentaloffice will operate with only one dentist, one dental assistant, and one administrative assistant at any given time. The practice will provide standard, nonsurgical, dental procedures and is anticipated to see seven to eight patients a dayfor an average visit of 45 minutes. The facility will operate with standard business hours i.e. approximately 9 a.m. to 5 p.m., Monday through Friday. The proposed use will be of a moderate intensity and consistent withthe purpose and intent of thePA zoning district. Additionally, there is adequate parking available onsite. Ms. Perez explained that while a dental or medical office use is not specifically listed within the PA zoning district as an allowed use subject to approval of a minor use permit, a recent Director’s Determination found that medical office uses and similar uses are consistent with the purpose and intent of the PA District and therefore allowed, subject to the approval of a minor use permit if the project exhibits three specific characteristics including: 1) operates similarly to the surrounding tenants, specifically with similar hours and similar days of the week, 2) has a limited number of staff and patients as to maintain a moderate intensity of use, and 3) has adequate parking available onsite. Zoning Administrator Murillo stated that the Director’s Determination referenced in the staff report was to become effective at close of business on April 15, 2020, and Ms. Perez confirmed that no appeals to the determination had been received. Phil Greer, on behalf of the applicant, stated that he had reviewed the draft resolution and agrees with all of the required conditions. The Zoning Administrator opened the public hearing opened the public hearing in the room and on the phone. Hearing that no one from the public wished to comment, the public hearing was closed. After closing the public hearing, Zoning Administrator Murillo stated that the Planning Commission has previously reviewed three similar applications of whether medical is a compatible use for this district and has found each time that the use is compatible. He further clarified that up to 20 percent of the complex can be used for medical without affecting parking and with this approval, medical uses would increase to only 16 percent of overall uses and thus still be a subordinate use. Action: Approved ITEM NO. 6 TNS Development LLC Residence Coastal Development Permit No CD2020-009 PA2020-010) Site Location: 706 West Ocean Front Council District 1 Liane Schuller, Planning Consultant, provided a brief project description stating that the applicant is requesting approval to demolish an existing single-family residence and construct a new 4,280-square-foot, single- family residence with a roof deck and attached 809 square feet of garage parking for three cars. Garage access is currently taken from the Ocean Front alleyway, and the new garages will maintain this same orientation. The project has been reviewed and cleared by the Public Works Department for access and right-of-way issues. A coastal development permit is required for the demolition and new construction on a site located within the coastal zone. The project complies with all applicable development standards, including the standards and approval requirements of the City’s Local Coastal Program. Public coastal access is provided and will continue to be provided by street ends throughout the neighborhood leading to the public beach area, and there is no intensification of use that would create an increased demand for access and recreation opportunities. 94 MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 04/16/2020 Page 7 of 8 Ms. Schuller confirmed that the applicant has reviewed and is in agreement with the findings and recommended conditions of approval in the draft Resolution. The Zoning Administrator opened the public hearing in the room and on the phone. Hearing that no one from the public wished to comment, the public hearing was closed. Action: Approved ITEM NO. 7 LIV Integrative Health Minor Use Permit No. UP2020-001 (PA2020-007) Site Location: Site Location: 20201 Birch Street Council District 3 Patrick Achis, Assistant Planner, provided a brief project description stating that LIV Integrative Health, the Applicant, proposes to establish a multidisciplinary wellness center within the tenant space of an existing professional office building. The property is categorized as Business Park District of the Santa Ana Heights Specific Plan (SP-7/BP), wherein medical offices and service businesses are allowed through the approval of a minor use permit. The wellness center would encompass a spectrum of health services: general medical and chiropractic care, massage therapy, acupuncture, nutritional coaching, and therapeutic fitness yoga and Pilates). Around five wellness professionals would render services one-on-one during operation. All activities are appointment-based and proposed to happen Monday through Saturday with varying times between 8 a.m. and 7 p.m., daily. LIV Integrative Health provides specialized, individual care by appointment, and this lower type of intensity is expected to maintain compatibility with nearby professional office uses. Mr. Achis continued that project implementation would consist of a limited tenant improvement to bring the existing suite into compliance with Building Code accessibility requirements. No complaints have been filed for the Applicant’s existing wellnessbusiness, which is one block away, norhasany negativeparking impact been perceived as a result of its operation. Approval of this Minor Use Permit would allow the existing wellness center to relocate to the subject site. An existing general office currently occupies the subject suite, but conversion to a medical office in this case does not increase parking demand as the building would total less than 20 percent medical office. Applicant Karin Yurkovich, co-owner of LIV Integrative Health, stated that she had reviewed the draft resolution and agrees with all of the required conditions. The Zoning Administrator opened the public hearing in the room and on the phone. Hearing that no one from the public wished to comment, the public hearing was closed. Action: Approved ITEM NO. 8 Orange County Charters Limited Term Permit No. XP2020-003 and Coastal Development Permit No. CD2020-011 (PA2020-022) Site Location: 1221 West Coast Highway Council District 3 Patrick Achis, Assistant Planner, provided a brief project description stating that Orange County Charters proposes to temporarily operate a captained charter boat business with on-site shared parking at the Balboa Bay Resort. Chartered excursions are expected to occur once a day, last four to nine hours, and board up to 15 persons, counting crew and passengers. The proposed boat charter operation will be used and operated independently of, but complementary to, the existing uses on-site and others in the vicinity that foster coastal activity for residents and visitors. While the Balboa Bay Club Planned Community District Regulations (PC45) do not mention charter operations as an allowed accessory use by name, a limited term permit allows limited duration uses that might not meet the development or use standards of the applicable planned community, but may be acceptable because of their temporary or limited nature. Considering the small-scale and appointment-based character of the charter boat proposal, operation would not function as a typical general public service that may otherwise conflict with Balboa Bay Resort uses. The proposed dock and communal passenger loading dock is existing and no construction or physical 95 MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 04/16/2020 Page 8 of 8 alterations are proposed; consequently, the proposal bears no impact on coastal access, views, or recreational opportunities. The proposal is for a temporary use and the operation must conclude one year after the effective date of this approval, unless an extension is granted by the Zoning Administrator in compliance with NBMC Section 20.54.060 (Time Limits and Extensions), or unless a new discretionary application for the continuation of the use is approved. If the use is operated or maintained in a manner that constitutes a public nuisance, or proves to be detrimental to the public health, welfare or materially injurious to the property or improvements in the vicinity, Condition of Approval No. 11 reserves authority for the Zoning Administrator to modify or revoke this approval. A public comment from Mr. Jim Mosher was received regarding availability of on-site parking during summer months and carpooling/ride sharing to the site. The Zoning Administrator directed staff to incorporate a condition of approval for the Applicant to encourage carpooling and ridesharing to the greatest extent practicable. He also revised a condition to require additional parking counts conducted during summer months to accompany any future permit extension request. Applicant Elliot Block, owner of Orange County Charters, stated that he had reviewed the draft resolution and agrees with all of the required conditions. The Zoning Administrator opened the public hearing in the room and on the phone. Hearing that no one from the public wished to comment, the public hearing was closed. Action: Approved as Amended ITEM NO. 9 Bragg Lot Merger No. LM2019-006 and Coastal Development Permit No. CD2019-068 PA2019-250) Site Location: 107 and 109 Via Yella Council District 1 Action: Continued to the April 30, 2020, Zoning Administrator meeting V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. VI. ADJOURNMENT The hearing was adjourned at 4:40 p.m. The agenda for the Zoning Administrator Hearing was posted on April 10, 2020, at 4:15 p.m. on the digital display board located inside thevestibule of theCouncil Chambers at 100 Civic Center Drive and on the City’s website on April 10, 2020, at 4:20 p.m. 96 Attachment No. PC 6 Applicant’s Project Description and Justification 97 INTENTIONALLY BLANK PAGE98 Exhibit B New Cingular Wireless PCS, LLC d/b/a AT&T Mobility AT&T Site ID: CSTAM_003 and FA#14823072 Project location: City Streetlight No. SCL0796 at the northwestern corner of West Balboa Boulevard and 30th Street, 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 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. 99 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: • 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. 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. 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 100 Exhibit B Page 3 of 3 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_003 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 evaluated several 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 location evaluated. 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. 101 Statement of Code Compliance with Newport Beach Municipal Code (“NBMC”) Chapter 20.49 and Chapter 13.20 Below, we identify the applicable code criteria and demonstrate our compliance or acknowledgement of each provision. 20.49.040 Telecom Facility Preferences and Prohibited Locations. A. Preferred Locations. To limit the adverse visual effects of and proliferation of new or individual telecom facilities in the City, the following list establishes the order of preference of facilities, from the most preferred (1) to least preferred (4). 1. Collocation of a new facility at an existing facility. 2. Class 1. 3. Class 2 and Class 3. 4. Class 4. B. Prohibited Locations. Telecom facilities are prohibited in the following locations: Applicant Response: AT&T is proposing a Class 3 facility that replaces an existing concrete designed streetlight with a new similar concrete designed replacement pole. The design is consistent with the design of the existing pole and the type of infrastructure currently in the right of way. The design is consistent with the designs depicted and allowed pursuant to the Master License Agreement Between the City of Newport Beach and New Cingular Wireless PCS, LLC for the Use of City-Owned Streetlights for Telecommunication Facilities (“MLA”). As explained in the previous Alternative Analysis, a collocation or Class 1 or 2 facility would not be technically feasible in this location from an RF or construction perspective. Small cells are low power and must be located at the precise location selected to serve the network traffic demands of that specific and limited area. This type of service enhancement cannot be accomplished with a traditional macro collocation or building mounted site in this area. The site is not located in any of the locations prohibited by NBMC §20.49.040.B.1-4. 20.49.050 General Development and Design Standards. A. General Criteria. All telecom facilities shall employ design techniques to minimize visual impacts and provide appropriate screening to result in the least visually intrusive means of providing the service. Such techniques shall be employed to make the installation, appearance and operations of the facility as visually inconspicuous as practicable. To the greatest extent feasible, facilities shall be designed to minimize the visual impact of the facility by means of location, placement, height, screening, landscaping, and shall be compatible with existing architectural elements, building materials, other building characteristics, and the surrounding area. Applicant Response: The Applicant has selected a design that minimizes visual impacts and is appropriately screened to result in the least visually intrusive means of providing service. The site will be placed in the right- of-way and will be virtually unnoticeable as this is the type of infrastructure one would expect to see in the 102 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 10” 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. 103 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. 104 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. 105 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: 106 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. 107 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. 108 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 35-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. 109 INTENTIONALLY BLANK PAGE110 Attachment No. PC 7 Alternative Locations Studied and Rejected 111 INTENTIONALLY BLANK PAGE112 © 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 respecKve owners. AT&T Small Cell Node Site ID: CRAN_RLOS_CSTAM_003 AlternaKve Sites Analysis March 12, 2020 City streetlight No. SCL0796 located at the northwest corner of West Balboa Boulevard and 30th Street, Newport Beach. 113 2 Map of Small Cell Node CRAN_RLOS_CSTAM_003 and Alterna9ve Sites On this aerial map, AT&T’s proposed Small Cell Node CSTAM_003 is designated by a red marker and the alternaKve sites are idenKfied by yellow markers. 114 3 Proposed Small Cell Node CRAN_RLOS_CSTAM_003 • AT&T is committed to providing and improving wireless telecommunications services and faster data rates throughout the City of Newport Beach. • Rather than construct tradiKonal macro faciliKes, AT&T is choosing to deploy very small faciliKes, called “small cells,” that can be installed on uKlity 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 tradiKonal macro wireless faciliKes are discouraged. • Small cells are effecKve tools to provide and improve criKcal wireless services with a minimal impact. By placing small cells in areas where AT&T’s exisKng faciliKes are constrained and where AT&T experiences high network traffic, AT&T can address exisKng and forecasted demands. • Small Cell Node CRAN_RLOS_CSTAM_003 will improve signal quality and capacity within AT&T ’s wireless network in this porKon of Newport Beach. 115 4 • AT&T proposes to place a Small Cell Node on a replacement streetlight pole in the public right- of-way. (Lat/Long 33.613872, -117.931656). The proposed node is located on the East side of West Balboa Boulevard and north of 30th Street. • AT&T proposed node is a stealth facility under City Code §20.49.030(N) and is designed to be as visually inconspicuous as possible. • A large planter area with mature palm trees is located between the proposed node and the adjacent residenKal development. This planter will provide a visual screening from nearby residences. • AT&T determined that this locaKon is viable in that necessary uKliKes are available and this locaKon is feasible from a radio frequency perspecKve. The locaKon is free of obstrucKons and has good line of site to meet coverage objecKves. AT&T will need to replace the exisKng streetlight to accommodate a Small Cell. Small Cell Node CRAN_RLOS_CSTAM_003 - Proposed Loca9on City streetlight No. SCL0697 located at the northwestern corner of West Balboa Boulevards and 30th Street. • Photo SimulaKon of Proposed Small Cell 116 5 • AlternaKve Site #1, is a wood uKlity pole with primary power and communicaKon lines. It is approximately 92 northwest of the proposed node within an alley and adjacent to a three- story residenKal home. • The pole is located adjacent to a short fence of the residenKal home. • Design of this facility would require placement of a cross arm with exposed radios and antenna on opposite sides of the pole. This design could not be screened as required by City Code §20.49.050(F)(3). • The subject uKlity pole is also located within an approved underground assessment and uKlity district. • A small cell at this alternaKve site would be more visually conspicuous and more intrusive than the proposed node. Small Cell Node CRAN_RLOS_CSTAM_003 – Alterna9ve Site #1 Wood uKlity pole located at alley east of West Balboa Boulevard, approximately 130 feet north side of 30th Street. 117 6 • AlternaKve Site #2 is a city streetlight in the public right- of-way. The site is located approximately 147 feet northwest of the proposed node. The light has primary electrical lines directly above and secondary lines below. • Proximity of electrical lines at this locaKon makes it infeasible to use this locaKon due to GO95 space and separaKon requirements. • This streetlight is also within 5 feet from the adjacent residenKal building and has limited sidewalk width to meet ADA requirements. • A small cell at this alternaKve locaKon is infeasible. Small Cell Node CRAN_RLOS_CSTAM_003 – Alterna9ve Site #2 City streetlight No. SCL0767 located on the west side of West Balboa Boulevard, approximately 80 feet south of 31st Street. 118 7 • AlternaKve Site #3, is a wood uKlity pole with primary and secondary power and communicaKon lines. It is approximately 78 feet west of the proposed node adjacent to a single- story residenKal home. • The uKlity pole is located within 4 feet from a short fence of the residenKal home. • Design of this facility would require placement of a cross arm with exposed radios and antenna on opposite sides of the pole. This design could not be screened as required by City Code §20.49.050(F)(3). • The subject uKlity pole is also located within an approved underground assessment and uKlity district. • A small cell at this alternaKve site would be more visually conspicuous and more intrusive than the proposed node. Small Cell Node CRAN_RLOS_CSTAM_003 – Alterna9ve Site #3 Wood uKlity pole located at the northwest corner of Balboa Boulevard and 30th Street. 119 8 • AlternaKve Site #4 is a city streetlight in the public right- of-way. The site is located approximately 104 feet south of the proposed node. The light has primary electrical lines directly above and secondary lines below. • Proximity of electrical lines at this locaKon makes it infeasible to use this locaKon due to GO95 space and separaKon requirements. • This streetlight is also within 5 feet from the adjacent residenKal building and has limited sidewalk space to meet ADA requirements. • A small cell at this alternaKve locaKon is infeasible. Small Cell Node CRAN_RLOS_CSTAM_003 – Alterna9ve Site #4 City streetlight No. SCL0768 located at the southwest corner of West Balboa Boulevard and 30th Street. 120 9 • AlternaKve Site #5 is a city streetlight in the public right- of-way. The site is located approximately 175 feet southeast of the proposed node. • This streetlight is located within a narrow sidewalk, approximately 6 feet from the adjacent residenKal property and has limited sidewalk space to meet ADA requirements. • The narrow sidewalk space limits replacement of the streetlight to meet ADA requirements. • A small cell at this alternaKve locaKon is infeasible. Small Cell Node CRAN_RLOS_CSTAM_003 – Alterna9ve Site #5 City streetlight No. SCL0766 located on the east side of West Balboa Boulevard, approximately 135 feet south of 30th Street. 121 10 Proposed Small Cell Node CRAN_RLOS_CSTAM_003 Conclusion • The proposed small cell node CRAN_RLOS_CSTAM_003 is an integral part of an overall small cell soluKon to help close AT&T ’s significant service coverage gap in this porKon of Newport Beach. • The proposed small cell will provide wireless telecommunicaKons service and faster data rates to the area businesses, residents & visitors. • The proposed small cell is the best available and least intrusive means to help AT&T provide and improve criKcal wireless services in the surrounding areas, adding low-power, low-profile equipment to uKlity 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 installaKon will enhance wireless communicaKon with the least visual impact to the community. 122 123 INTENTIONALLY BLANK PAGE124 Attachment No. PC 8 Photographic Simulations, Project Plans, and Coverage Maps 125 INTENTIONALLY BLANK PAGE126 © 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_003 *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. 127 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 site Proposed small cell Nodes 128 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 site Proposed small cell Nodes 129 130 131 132 TITLE SHEETT-1SHEET TITLESHEET NUMBERIT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEYARE ACTING UNDER THE DIRECTION OF A LICENSEDPROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT.DRAWN BY:CHECKED BY:MMEGSITE ID: CSTAM_003ACITY STREETLIGHT NO. SCL0796AT THE NW CORNER OF W.BALBOA BLVD. AND 30TH STREETNEWPORT BEACH, CA, 92663330 COMMERCE, STE. 200IRVINE, CA 92602REV DATE DESCRIPTION1452 EDINGER AVE.TUSTIN, CA 92780DATE SIGNED: 03/09/2020EXPIRATION DATE: 06/30/2021A09/17/2018 90% CONSTRUCTIONB 09/21/2018 100% CONSTRUCTION09/16/2019 100% CD'S REVISEDCD 10/17/2019 100% CONSTRUCTIONE 12/06/2019 SCE FINAL POWERF 03/09/2020 100% CD'S REVISEDDIRECTIONS FROM AT&T OFFICE:DIRECTION ARE TAKEN FROM1452 EDINGER AVE.TUSTIN, CA 927801. TURN LEFT ONTO EDINGER AVE2. TURN LEFT ONTO STATE ROUTE 55 S3. MERGE ONTO STATE ROUTE 55 S4. CONTINUE ONTO NEWPORT BLVD.5. TURN RIGHT ONTO 32ND ST6. TURN LEFT ONTO W BALBOA BLVD.DESTINATION WILL BE ON THE LEFT.CITY STREETLIGHT NO. SCL0796 AT THE NW CORNER OF W.BALBOA BLVD. AND 30TH STREET,NEWPORT BEACH,CA 92663PROJECT SITE INFORMATIONPROJECT TEAMCODE COMPLIANCECONSTRUCTION DRAWINGDIG ALERTIF USING 11"x17" PLOT, DRAWING WILL BE HALF SCALEDRAWING INDEXT-1 TITLE SHEETSHEET TITLEA-1GN-1 GENERAL NOTESA-2 ELEVATIONSGENERAL NOTES SITE PLANAREA MAPSVICINITY MAPLOCATION MAPDRIVING DIRECTIONSNENESESWWNWSPROJECT DESCRIPTIONSITE NAME: CSTAM_003AKnow what'sbelow.Callbefore you dig.Dig AlertCALIFORNIA SOUTHCall Two Working Days Before You Dig!811 / 800-422-4133A-3 ELEVATIONSTHE FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. A TECHNICIAN WILLVISIT THE SITE AS REQUIRED FOR ROUTINE MAINTENANCE. THE PROJECT WILL NOTRESULT IN ANY SIGNIFICANT DISTURBANCE OR EFFECT ON DRAINAGE; NO SANITARYSEWER SERVICE, POTABLE WATER, OR TRASH DISPOSAL IS REQUIRED AND NOCOMMERCIAL SIGNAGE IS NEW.ALL WORK AND MATERIALS SHALL BE PERFORMED AND INSTALLED IN ACCORDANCEWITH THE CURRENT EDITIONS OF THE FOLLOWING CODES AS ADOPTED BY THELOCAL GOVERNING AUTHORITIES. NOTHING IN THESE PLANS IS TO BECONSTRUCTED TO PERMIT WORK NOT CONFORMING TO THESE CODES.1. 2016 CALIFORNIA ADMINISTRATIVE CODE2. 2016 CALIFORNIA BUILDING CODE3. 2016 CALIFORNIA ELECTRIC CODE4. 2016 CALIFORNIA MECHANICAL CODE5. 2016 CALIFORNIA PLUMBING CODE6. 2016 CALIFORNIA FIRE CODE7. ANY LOCAL BUILDING CODE AMENDMENTS TO THE ABOVE8. CITY/COUNTY ORDINANCES9. NEC, NATIONAL ELECTRIC CODE10. CALIFORNIA TRAFFIC CONTROL LANE CLOSURES MUTCDHANDICAP REQUIREMENTS:FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. HANDICAPPED ACCESSNOT REQUIRED IN ACCORDANCE WITH CALIFORNIA ADMINISTRATIVE STATE CODEPART 2, TITLE 24, CHAPTER 11B, SECTION 1103B.DO NOT SCALE DRAWINGSSUBCONTRACTOR SHALL VERIFY ALL PLANS & EXISTING DIMENSIONS & CONDITIONS ONTHE JOB SITE & SHALL IMMEDIATELY NOTIFY THE ENGINEER IN WRITING OF ANYDISCREPANCIES BEFORE PROCEEDING WITH THE WORK OR BE RESPONSIBLE FOR SAME.APPROVALSAT&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 & AUTHORIZETHE SUBCONTRACTOR TO PROCEED WITH THE CONSTRUCTION DESCRIBED HEREIN. ALLDOCUMENTS ARE SUBJECT TO REVIEW BY THE LOCAL BUILDING DEPARTMENT & MAY IMPOSECHANGES OR MODIFICATIONS.SHEET NO:SITE NUMBER: CRAN_RLOS_CSTAM_003USID: 213735 / FA: 14823072SITE ADDRESS: CITY STREETLIGHT NO. SCL0796 ATTHE NW CORNER OF W. BALBOA BLVD. AND 30THSTREET, NEWPORT BEACH, CA 92663PACE: MRLOS051977NENESESWWNWSD-1 DETAILS POLE DETAILSS-1SI5&POLE ID #: SLC0796PROJECT: CRAN/ SMALL CELL/ PICOPOLE TYPE: (N) CONCRETE LIGHT POLEUTILITY MANAGER:ENGINEER:M SQUARED WIRELESS1387 CALLE AVANZADOSAN CLEMENTE, CA 92673PUBLIC/PRIVATE:AT&T1452 EDINGER AVETUSTIN, CA 92780-117.93165633.613872APPLICANT:ADDRESS:LAT/LONG TYPE:LONGITUDE (NAD 83):LATITUDE (NAD 83):NAD-83PUBLIC RIGHT-OF-WAYADDRESS:CITY STREETLIGHT NO. SCL0796 AT THE NWCORNER OF W. BALBOA BLVD. AND 30TH STREET,NEWPORT BEACH, CA 92663PROJECT MANAGER:M SQUARED WIRELESS1387 CALLE AVANZADOSAN CLEMENTE, CA 92673GROUND ELEVATION (NAVD 88)±8.82'JURISDICTION:CITY OF NEWPORT BEACHSAC/ZONING/PERMITTING:M SQUARED WIRELESS1387 CALLE AVANZADOSAN CLEMENTE, CA 92673RF ENGINEER:AT&T1452 EDINGER AVE.TUSTIN, CA 92780CONTACT: KARLO DAVINAGRACIAEMAIL: KD270J@ATT.COMUNMANNED TELECOMMUNICATIONSPROPOSED USE:CURRENT ZONING:PUBLIC RIGHT OF WAYPOWER COMPANY:ADDRESS:A-4 SITE IMAGESCE1 INNOVATION WAYPOMONA, CA 91768AT&T PROPOSES TO INSTALL A NEW WIRELESS INSTALLATION LOCATED IN THE PUBLIC RIGHTOF 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) 29'-3" 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 HANDHOLELATITUDE/LONGITUDE: 33.613872/ -117.931656SENIOR TECHNICAL PROJECT MANAGER:AT&T1452 EDINGER AVE.TUSTIN, CA 92780CONTACT: TED SUEKAWAEMAIL: TS4994@ATT.COMSI5&D-2 NEWPORT BEACH DETAILSD-3 NEWPORT BEACH DETAILS ELECTRICAL &GROUNDING DETAILSE-1 TRAFFIC CONTROL PLANTC-1T-2 1-A ACCURACY CERTIFICATIONC-1TOPOGRAPHIC SURVEYSHEET TITLESHEET NO:SCE-1SCE FINAL DESIGNSCE-2SCE FINAL DESIGNSCE-3SCE FINAL DESIGN ADAPTER PLATE DETAILSS-2D-4LUMINAIRE SPECSCITY NOTECONCRETE FOUNDATION (CONTINUOUS INSPECTION).SPECIAL INSPECTION1. TRAFFIC CONTROL PLANS ARE NOT TO BE USED FOR CONSTRUCTION AND NEW TCP WILLBE SUBMITTED AND APPROVED AS PART OF THE ENCROACHMENT PERMIT APPLICATION.133 1-A ACCURACYCERTIFICATIONSHEET TITLESHEET NUMBERIT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEYARE ACTING UNDER THE DIRECTION OF A LICENSEDPROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT.DRAWN BY:CHECKED BY:MMEGSITE ID: CSTAM_003ACITY STREETLIGHT NO. SCL0796AT THE NW CORNER OF W.BALBOA BLVD. AND 30TH STREETNEWPORT BEACH, CA, 92663330 COMMERCE, STE. 200IRVINE, CA 92602REV DATE DESCRIPTION1452 EDINGER AVE.TUSTIN, CA 92780A09/17/2018 90% CONSTRUCTIONB 09/21/2018 100% CONSTRUCTION09/16/2019 100% CD'S REVISEDCD 10/17/2019 100% CONSTRUCTIONE 12/06/2019 SCE FINAL POWERF 03/09/2020 100% CD'S REVISED11-A ACCURACY CERTIFICATIONT-2134 GENERAL NOTESGN-1SHEET TITLESHEET NUMBERIT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEYARE ACTING UNDER THE DIRECTION OF A LICENSEDPROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT.DRAWN BY:CHECKED BY:MMEGSITE ID: CSTAM_003ACITY STREETLIGHT NO. SCL0796AT THE NW CORNER OF W.BALBOA BLVD. AND 30TH STREETNEWPORT BEACH, CA, 92663330 COMMERCE, STE. 200IRVINE, CA 92602REV DATE DESCRIPTION1452 EDINGER AVE.TUSTIN, CA 92780DATE SIGNED: 03/09/2020EXPIRATION DATE: 06/30/2021A09/17/2018 90% CONSTRUCTIONB 09/21/2018 100% CONSTRUCTION09/16/2019 100% CD'S REVISEDCD 10/17/2019 100% CONSTRUCTIONE 12/06/2019 SCE FINAL POWERF 03/09/2020 100% CD'S REVISEDABBREVIATIONSGENERAL NOTESABBREVIATIONS431NEWPORT BEACH GENERAL NOTES2135 3 0 T H S T R E E T C L w. BALBOA BOULEVARDCLALLEYCL ALLEYCLCLw. BALBOA BOULEVARDVICINITY MAPSiteGRAPHIC SCALEFEETLEGENDSITE SURVEYTOPOGRAPHICSURVEYCRAN_RLOS_CSTAM_003CITY STREETLIGHT No.SCL0796AT THE NORTHWESTERNCORNER OF WEST BALBOABOULEVARD AND 30TH STREETREVDESCRIPTIONDATEBYC-1CHARLES L. SCOTT III, PLS 8742EXP.12/31/2020 Registration No. in the State of California.ERICSSON330 COMMERCE, STE. 200IRVINE, CA 92602BASIS OF BEARINGS DATE OF SURVEYLEGAL DESCRIPTIONASSESSOR'S PARCEL NO.TITLE REPORTBENCH MARKEASEMENT NOTES:SURVEYOR'S NOTES:STREET LIGHT POLE PROFILESite Detail136 A-1SHEET TITLESHEET NUMBERIT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEYARE ACTING UNDER THE DIRECTION OF A LICENSEDPROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT.DRAWN BY:CHECKED BY:MMEGSITE ID: CSTAM_003ACITY STREETLIGHT NO. SCL0796AT THE NW CORNER OF W.BALBOA BLVD. AND 30TH STREETNEWPORT BEACH, CA, 92663330 COMMERCE, STE. 200IRVINE, CA 92602REV DATE DESCRIPTION1452 EDINGER AVE.TUSTIN, CA 92780DATE SIGNED: 03/09/2020EXPIRATION DATE: 06/30/2021A09/17/2018 90% CONSTRUCTIONB 09/21/2018 100% CONSTRUCTION09/16/2019 100% CD'S REVISEDCD 10/17/2019 100% CONSTRUCTIONE 12/06/2019 SCE FINAL POWERF 03/09/2020 100% CD'S REVISED W. BALBOA BLVD.SITE PLANNENESESWWNWSENLARGED SITE PLANNENESESWWNWS21(E) STREETLIGHT (TYP.)(E) SIDEWALK (TYP.)ROWC/FSITE PLANCLBUILDING(TYP.)NEW AT&T PROJECT LOCATION.SEE ENLARGED SITE PLANPARKINGLOTC/FCLROW ROW30TH ST.(E) TREE1-2A-31-2A-22-±42'-0"FROM ℄ POLE TO℄ OF 30TH ST.C/FROWROWC/FCLC/FROWBUILDING(TYP.)BUILDING(TYP.)(E) PARKWAY (TYP.)(E) UTILITY POLE (TYP.)50'-0"8'-0"17'-0"17'-0"8'-0" 25'-0"85'-0"(VARIES)6'-0"38'-2"34'-10"6'-0"(VARIES)C/FROW C/FCLROWC/FROWALLEYWAY ALLEYWAYALLEYWAYALLEYWAYROWROWROWROWROWROWROW(E) ADA RAMP (TYP.)(E) ADA RAMP (TYP.)PARKWAYMEDIAN(E) SIDEWALK (TYP.)(E) TREEW. BALBOA BLVD.30TH ST.CLC/FROWCL CLC/F CL ROW ALLEYWAYROWROW(E) UTILITY POLE # 2050702EW/ AERIAL TRANSFORMER;MEDIAN PROPOSED ±117' U/G POWER RUN;FROM (E) SCE HANDHOLE (H901A) TO(N) SCE HANDHOLE (H901B) (BY SCE)NOTE:1. IF DIMENSIONS SHOWN ON PLAN DO NOT SCALE CORRECTLY, CHECK FOR REDUCTION ORENLARGEMENT FROM ORIGINAL PLANS.2. CONTRACTORS TO VERIFY SUB STRUCTURE LOCATIONS PRIOR TO ANY EXCAVATION.3. ALL CONDUCTORS/ WIRES & CONDUIT, SHALL BE INSTALLED IN A NEAT & TIDY FASHION. ALL EXCESSWIRE SLACK IS TO BE REMOVED & HIDDEN AS MUCH AS POSSIBLE.4. ALL NEWLY INSTALLED EQUIPMENT SHALL BE PAINTED TO MATCH EXISTING POLE, & ORSURROUNDINGS UNLESS PROHIBITED PER MANUFACTURER.5. NEW FIBER CONDUIT TO BE STUBBED OUT OF NEW POLE FOOTING BY APPROX. 2'-0".6. POWER SUPPLY AND RUN ARE SUBJECT TO CHANGE PER SCE FINAL DESIGN.7. CONTRACTORS TO PROTECT THE EXISTING PARKWAY AND STREET TREES IN PLACE.8. WHERE REMOVED OR DAMAGED BY CONSTRUCTION, ALL, CURB, GUTTER AND SIDEWALK SHALL BEREPLACED IN ENTIRE SECTIONS BETWEEN EXPANSION JOINTS. NO SAW CUTTING AND PARTIALPATCHING SHALL BE PERMITTED. ALL CONSTRUCTION DETAILS FOR REPLACEMENT SECTIONS SHALLBE PER CITY OF NEWPORT BEACH STANDARD DRAWINGS.9. CONTRACTOR TO PROTECT EXISTING PARKWAY AND STREET TREES.25'-7"±42'-0" FROM ℄ POLE TO ℄ OF 30TH ST.(E) CITY OF NEWPORT BEACH CONCRETESTREETLIGHT (SLC0796) TO BE REMOVED &REPLACED W/ (N) CITY OF NEWPORT BEACHCONCRETE STREETLIGHT W/ (E) EQUIPMENTAT SAME LOCATION (BY AT&T)1,5D-31,5D-31S-11-5D-17-9D-17D-12'-0"4'-10"5'-3"2'-2"5'-6"4'-0"5'-11"10'-10"℄℄℄℄℄℄℄11'-7"15'-10"37'-10"FROM ℄ POLE TO ℄ OF W. BALBOA BLVD.℄℄8'-1"19'-8"1/4" / FT2%MAX(E) SLOPE1/4" / FT2%MAX(E) SLOPEO/H LINE (TYP.)(E) SCE HANDHOLE (H901A)PROPOSED POWER P.O.C.(E) UTILITY POLE (611604HE)O/H LINE (TYP.)PROPOSED ±52' U/G POWER RUN;FROM (N) SCE HANDHOLE (H901B) TOWTR HANDHOLE (BY AT&T)(N) SCE HANDHOLE (H901B)6D-11,5D-31,5D-3PROPOSED ±93' U/G POWER RUN;FROM (E) SCE HANDHOLE (H901A) TO(N) SCE HANDHOLE (H901B) (BY AT&T)PROPOSED ±93' U/G POWER RUN;FROM (E) SCE HANDHOLE (H901A) TO(N) SCE HANDHOLE (H901B) (BY AT&T)1,5D-32'-0"8'-2"4'-6"4'-0"17'-4"5'-0" MIN.12'-0"±6'-11"10'-1"10'-9" 10'-5"10'-8"24'-10"137 Ple ase Re fer ence S it e ID Phone : (8 77) 2 31- 5447 E-ma i l: a tt towe rs@a tt .com In cas e o f Em erg enc y Co nta ct AT&T TOWERS Site ID FCC ID Radio frequency f ie ldbeyond this point mayexceed the FCC genera lpublic exposu re L imi ts .Obey al l p osted s igns and s i te guide l ines fo r wor king in radio frequen cy en vi ronmen ts . Worke rsshall main ta in a min im um appro ach dis tance of 16 in chesVERIZON W IRELESS : 866-26 4-6620 In a c co rd an ce w i th F ed e ra l Co mmu n ic at i on sComm i ss io n r u le s on ra d io fr eq ue nc y em is s io n 47 CFR 1. 13 07 (b )SITE NAME :CSTAM _00 3A NOTICE8'-0"SHEET TITLESHEET NUMBERIT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEYARE ACTING UNDER THE DIRECTION OF A LICENSEDPROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT.DRAWN BY:CHECKED BY:MMEGSITE ID: CSTAM_003ACITY STREETLIGHT NO. SCL0796AT THE NW CORNER OF W.BALBOA BLVD. AND 30TH STREETNEWPORT BEACH, CA, 92663330 COMMERCE, STE. 200IRVINE, CA 92602REV DATE DESCRIPTION1452 EDINGER AVE.TUSTIN, CA 92780DATE SIGNED: 03/09/2020EXPIRATION DATE: 06/30/2021A09/17/2018 90% CONSTRUCTIONB 09/21/2018 100% CONSTRUCTION09/16/2019 100% CD'S REVISEDCD 10/17/2019 100% CONSTRUCTIONE 12/06/2019 SCE FINAL POWERF 03/09/2020 100% CD'S REVISEDELEVATIONSA-212NEW NORTHWEST ELEVATIONEXISTING NORTHWEST ELEVATION(E) CITY OF NEWPORT BEACH CONCRETESTREETLIGHT (SLC0796) TO BE REMOVED &REPLACED (BY AT&T)±27'-3" A.G.L.T/ OF (E) POLE±0'-0" A.G.L.(E) GROUND LEVEL(E) POLE FOUNDATION TO BEREMOVED & REPLACED (BY AT&T)±0'-0" A.G.L.(E) GROUND LEVEL±32'-8" A.G.L.B/ OF (N) ANTENNA±34'-9" A.G.L.T/ OF (N) ANTENNA±33'-9" A.G.L.C/L OF (N) ANTENNA±32'-8" A.G.L.T/ OF (N) EQUIPMENT SHROUD±29'-3" A.G.L.T/ OF (N) POLE±29'-3" A.G.L.B/ OF (N) EQUIPMENT SHROUD(N) ANTENNA MOUNTED ON (N)EQUIPMENT SHROUD(N) NEWPORT BEACH CONCRETESTREETLIGHT (SLC0796) (BY AT&T);SEE SHEET S-1 FOR TYPE AND SPECS(N) POLE FOUNDATION (BY AT&T)(N) WTR HANDHOLE(BEYOND) (BY AT&T)(N) EQUIPMENT SHROUD W/ (2) (N) AT&T2203 RADIO, (1) (N) 2205 RADIOS (1)FUTURE 2205 RADIO & (1) (N) RAYCAPDISCONNECT SWITCH WITHIN SHROUD(N) FIBER BOX (BY AT&TWIRELINE UNDERSEPARATE PERMIT)1D-12-5D-16,8,9D-16D-1±30'-2" A.G.L.T/ OF (N) LUMINAIRE SENSOR±30'-2" A.G.L.T/ OF (E) LUMINAIRE SENSOR(N) U/G POWER RUN FROM (N) WTR HANDHOLETO (N) CONCRETE STREETLIGHT(BY AT&T)(N) U/G FIBER RUN FROM (N) FIBER HANDHOLE TO (N)CONCRETE STREETLIGHT (BY AT&T); SEE NOTE 6 ON A-1NOTE:1. ALL NEW EQUIPMENT SHALL BE PAINTEDTO MATCH (N) CONCRETE LIGHT POLE2. RE-USE (E) LED LUMINAIRE. IF NOT LED,REPLACE WITH (N) LED LUMINAIREAPPROVED BY THE CITY.RE-USE (E) LED LUMINAIRE,SEE NOTE 2PROTECT AND REINSTALL (E)SIGNS IN SAME LOCATION ON (N)POLE(E) SIGNAGE REINSTALLED ORREPLACED IN-KIND(N) EMERGENCYCONTACT SIGN(N) RF SIGN2D-22D-2±9'-0" A.G.L.T/ OF (E) SIGN±9'-0" A.G.L.T/ OF (E) SIGNFUTURE BANNER &BRACKET LOCATION(BY OTHERS)±14'-0" A.G.L.BOTTOM OF FUTURE BANNER±22'-0" A.G.L.TOP OF FUTURE BANNER±9"Ø @ 40" A.G.LROW C/F ROW 2'-6"6'-0"±914"Ø @ 40" A.G.L(E) SLOPE1/4" / FT±25'-5" A.G.L.T/ OF (N) R/F SIGNAGE2'-2"3'-0"3'-6"±5'-0" A.G.L.B/ OF CONTACT SIGN INFOSEE A-3 FOR CONDUIT DETAILNOTE:1. CONTRACTOR/AT&T SHALL BE RESPONSIBLE FOR SAFE REMOVAL & DELIVERY OFEXISTING STREET LIGHT POLE TO C.N.B. UTILITIES YARD. CONTRACTOR/AT&T SHALLREPLACE 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 & RESTORESIDEWALK TO NEW.4. CONTRACTOR/AT&T SHALL DISPOSE OF EXISTING STREET LIGHT POLE IF UNWANTEDFOR ANY REASON.(E) LED LUMINAIRE TO BERE-USE, SEE NOTE 28'-0"2'-6"5D-2(E) STREETLIGHT HANDHOLE. (BEYOND)AT&T TO UTILIZE (E) STREETLIGHTHANDHOLE FOR POWER RUN.(E) STREETLIGHT HANDHOLE. (BEYOND)AT&T TO UTILIZE (E) STREETLIGHTHANDHOLE FOR POWER RUN.19'-8"4"±7'-6" A.G.L.B/ OF (E) SIGN8'-0"±7'-6" A.G.L.B/ OF (E) SIGN2'-6" C/F 5'-11"±29'-9" A.G.L.C/L OF (N) LUMINAIRE ±29'-9" A.G.L.C/L OF (E) LUMINAIRE2'-6"18"18"5'-11"(E) SLOPE1/4" / FT24'-10"5'-0"19'-8"(N) ADAPTER PLATE--S-2-D-42'-2"TO AT&T WIRELESS FIBER1'-6" MIN 2D-38'-1"24'-10"8'-1"1D-2138 SHEET TITLESHEET NUMBERIT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEYARE ACTING UNDER THE DIRECTION OF A LICENSEDPROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT.DRAWN BY:CHECKED BY:MMEGSITE ID: CSTAM_003ACITY STREETLIGHT NO. SCL0796AT THE NW CORNER OF W.BALBOA BLVD. AND 30TH STREETNEWPORT BEACH, CA, 92663330 COMMERCE, STE. 200IRVINE, CA 92602REV DATE DESCRIPTION1452 EDINGER AVE.TUSTIN, CA 92780DATE SIGNED: 03/09/2020EXPIRATION DATE: 06/30/2021A09/17/2018 90% CONSTRUCTIONB 09/21/2018 100% CONSTRUCTION09/16/2019 100% CD'S REVISEDCD 10/17/2019 100% CONSTRUCTIONE 12/06/2019 SCE FINAL POWERF 03/09/2020 100% CD'S REVISEDELEVATIONSA-312NEW SOUTHWEST ELEVATIONEXISTING SOUTHWEST ELEVATION±0'-0" A.G.L.(E) GROUND LEVEL±27'-3" A.G.L.T/ OF (E) POLE±0'-0" A.G.L.(E) GROUND LEVEL±32'-8" A.G.L.B/ OF (N) ANTENNA±34'-9" A.G.L.T/ OF (N) ANTENNA±33'-9" A.G.L.C/L OF (N) ANTENNA±32'-8" A.G.L.T/ OF (N) EQUIPMENT SHROUD(N) ANTENNA MOUNTED ON (N)EQUIPMENT SHROUD(N) EQUIPMENT SHROUD W/ (2) (N) AT&T2203 RADIO, (1) (N) 2205 RADIOS (1)FUTURE 2205 RADIO & (1) (N) RAYCAPDISCONNECT SWITCH WITHIN SHROUD1D-12-5D-1±29'-3" A.G.L.T/ OF (N) POLE±29'-3" A.G.L.B/ OF (N) EQUIPMENT SHROUD±30'-2" A.G.L.T/ OF (N) LUMINAIRE SENSOR±30'-2" A.G.L.T/ OF (E) LUMINAIRE SENSOR(E) CITY OF NEWPORT BEACH CONCRETESTREETLIGHT (SLC0796) TO BE REMOVED &REPLACED (BY AT&T)(E) POLE FOUNDATION TO BEREMOVED & REPLACED (BY AT&T)(N) NEWPORT BEACH CONCRETESTREETLIGHT (SLC0796) (BY AT&T);SEE SHEET S-1 FOR TYPE AND SPECS(N) POLE FOUNDATION (BY AT&T)(N) WTR HANDHOLE(BY AT&T)(N) FIBER BOX (BY AT&TWIRELINE UNDER SEPARATEPERMIT) (BEYOND)6,8,9D-16D-1(E) STREETLIGHT HANDHOLE.AT&T TO UTILIZE (E) STREETLIGHTHANDHOLE FOR POWER RUN.1D-2(N) U/G POWER RUN FROM (N)WTR HANDHOLE TO (N) CONCRETESTREETLIGHT(BY AT&T)(N) U/G FIBER RUN FROM (N) FIBERHANDHOLE TO (N) CONCRETESTREETLIGHT (BY AT&T); SEE NOTE 6ON A-1PROTECT AND REINSTALL (E)SIGNS IN SAME LOCATION ON (N)POLE(E) SIGNAGE REINSTALLED ORREPLACED IN-KINDNOTE:1. ALL NEW EQUIPMENT SHALL BE PAINTEDTO MATCH (N) CONCRETE LIGHT POLE2. RE-USE (E) LED LUMINAIRE. IF NOT LED,REPLACE WITH (N) LED LUMINAIREAPPROVED BY THE CITY.(N) EMERGENCYCONTACT SIGN(N) RF SIGN2D-22D-2RE-USE (E) LED LUMINAIRE,SEE NOTE 2±9'-0" A.G.L.T/ OF (E) SIGN±9'-0" A.G.L.T/ OF (E) SIGN±14'-0" A.G.L.BOTTOM OF FUTURE BANNER±22'-0" A.G.L.TOP OF FUTURE BANNER5'-3"5'-6"2'-6"6'-0"±914"Ø @ 40" A.G.L±9"Ø @ 40" A.G.L±25'-5" A.G.L.T/ OF (N) R/F SIGNAGE5'-6"3'-0"3'-6"±5'-0" A.G.L.B/ OF CONTACT SIGN INFO1-1/4" PVC CONDUIT1-1/4" PVC CONDUITGROUND RODSTAINLESS STEEL5D-2FUTURE BANNER &BRACKET LOCATION(BY OTHERS)18" MIN 18" MIN (E) STREETLIGHT HANDHOLE.AT&T TO UTILIZE (E) STREETLIGHTHANDHOLE FOR POWER RUN.NOTE:1. CONTRACTOR/AT&T SHALL BE RESPONSIBLE FOR SAFE REMOVAL & DELIVERY OFEXISTING STREET LIGHT POLE TO C.N.B. UTILITIES YARD. CONTRACTOR/AT&T SHALLREPLACE 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 & RESTORESIDEWALK TO NEW.4. CONTRACTOR/AT&T SHALL DISPOSE OF EXISTING STREET LIGHT POLE IF UNWANTEDFOR ANY REASON.4"±7'-6" A.G.L.B/ OF (E) SIGN±7'-6" A.G.L.B/ OF (E) SIGN2'-6" 2'-0" MIN±29'-9" A.G.L.C/L OF (N) LUMINAIRE±29'-9" A.G.L.C/L OF (E) LUMINAIRE2'-6"18"18"(N) ADAPTER PLATE--S-2-D-4TO AT&T WIRELESS FIBER2D-3TO SCE UTILITY POWER(E) LED LUMINAIRE TO BERE-USE, SEE NOTE 2139 SHEET TITLESHEET NUMBERIT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEYARE ACTING UNDER THE DIRECTION OF A LICENSEDPROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT.DRAWN BY:CHECKED BY:MMEGSITE ID: CSTAM_003ACITY STREETLIGHT NO. SCL0796AT THE NW CORNER OF W.BALBOA BLVD. AND 30TH STREETNEWPORT BEACH, CA, 92663330 COMMERCE, STE. 200IRVINE, CA 92602REV DATE DESCRIPTION1452 EDINGER AVE.TUSTIN, CA 92780A09/17/2018 90% CONSTRUCTIONB 09/21/2018 100% CONSTRUCTION09/16/2019 100% CD'S REVISEDCD 10/17/2019 100% CONSTRUCTIONE 12/06/2019 SCE FINAL POWERF 03/09/2020 100% CD'S REVISEDSITE IMAGEA-41PROPOSED SITE LOCATION LOOKING NORTHWEST(E) POLE TO BE REPLACED IN THESAME LOCATION AS (N) POLE140 SHEET TITLESHEET NUMBERIT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEYARE ACTING UNDER THE DIRECTION OF A LICENSEDPROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT.DRAWN BY:CHECKED BY:MMEGSITE ID: CSTAM_003ACITY STREETLIGHT NO. SCL0796AT THE NW CORNER OF W.BALBOA BLVD. AND 30TH STREETNEWPORT BEACH, CA, 92663330 COMMERCE, STE. 200IRVINE, CA 92602REV DATE DESCRIPTION1452 EDINGER AVE.TUSTIN, CA 92780DATE SIGNED: 03/09/2020EXPIRATION DATE: 06/30/2021A09/17/2018 90% CONSTRUCTIONB 09/21/2018 100% CONSTRUCTION09/16/2019 100% CD'S REVISEDCD 10/17/2019 100% CONSTRUCTIONE 12/06/2019 SCE FINAL POWERF 03/09/2020 100% CD'S REVISEDDETAILSD-1DIMENSIONS (WxDxH):7.87"x3.94"x7.87", INCLUDING MOUNTINGBRACKET AND ESTHETIC FRONT COVERERICSSON - MICRO RADIO 2203MECHANICAL SPECIFICATIONSVOLUME AND WEIGHT:4 LITRES AND < 4.5 kg (9.92 lbs)MOUNTING:WALL AND POLE MOUNTINTERFACE SPECIFICATIONS:ANTENNA PORTS:2 x 4.3-10(F)EXTERNAL ALARM:2POWER SUPPLY:-48 VCD OR 100 -250 VACELECTRICAL SPECIFICATIONS:CPRI:2 x 2.5/5/10 Gbps (EXCHANGEABLE SFPMODULES)OPTICAL INDICATORS:6FIELD GROUND:17.87"7.87"FRONTSIDETOP7.87"3.94"3.94" 7.87"BACK7.87"7.87"ERICSSONPOWER OUTPUT:97 WATTS MAXMAX HEAT DISSIPATION: 90 WATTSMINIMUM AC FUSE RATING: 6 AMPDIMENSIONS (HxD):MAX WIND SPEED:NO. OF CONNECTORSWEIGHT EXCL MOUNTING BRACKETS:CONNECTOR TYPE &FREQUENCY BAND [MHz]:24.9 x 10 INCHES(643 x 255 mm)150 mph10 X 4.3-10 DIN FEMALE17.2lbs (9 kg)4 X 4.3-10 DIN FEMALE(1695-2360) MHzMECHANICAL SPECIFICATIONSRADOME MATERIAL:ASASHIPPING DIMS (LxWxD):30"X19"X19" (762x483x483)mm24.9"10.0"1.0"142.5"GALTRONICS GQ2410-06621 PSEUDO OMNI CANISTER ANTENNA4 X 4.3-10 DIN FEMALE(3550-3700) MHz2 X 4.3-10 DIN FEMALE(5150-5950) MHzGROSS SHIPPING WEIGHT:26 lbs (12kg)FRONTBOTTOMPART NO. GQ2410-06621-11 (GRAY)PART NO. GQ2410-06621-611 (BROWN)PART NO. GQ2410-06621-B11 (CHROME)RAYCAP - RSCAC-6533-P-120-DBOTTOMSIDE8.59"10.28"5.06"M40 GLANDS CAN BE REPLACED BY 11/4 " NPT CONDUIT FITTINGSNPT 1" GLAND CAN BE REPLACED BYCONDUIT FITTING6.25"7.46"FRONT10.45" 8.61"MECHANICALSURGE PROTECTION DEVICE (SPD) TYPE TO UL: STRIKESORB 30-ANUMBER OF CIRCUITS PROTECTED: 4SURGE PROTECTIVE DEVICE (SPD) TYPE PER UL 1449 4TH EDITION:TYPE 2 COMPONENT ASSEMBLYSURGE PROTECTION DEVICE (SPD) CLASS TO IEC 61643-11: CLASS IINOMINAL OPERATING VOLTAGE [UN]: 120 VNOMINAL DISCHARGE CURRENT [IN] PER UL 1449 4TH EDITION: 20 KA 8/20 ΜSMAXIMUM DISCHARGE CURRENT [IMAX] PER IEC 61643-11 60 KA 8/20 ΜSMAXIMUM CONTINUOUS OPERATING VOLTAGE [UC] (MCOV) 150VVOLTAGE PROTECTION LEVEL [UP] PER IEC 61643-11: 700VVOLTAGE PROTECTION RATING (VPR): 20 KA 8/20SUPPRESSION TECHNOLOGY: MOVPROTECTION MODES (DUAL MODE): LINE TO NEUTRAL, NEUTRAL TO GROUNDCONNECTION TERMINAL: COMPRESSION LUG #6 - #14 AWG (13 - 2MM2)TERMINAL BLOCK #10-#26 AWG (6 - 0.14MM2)ENVIRONMENTAL INGRESS PROTECTION (IP) RATING: NEMA 4XOPERATION TEMPERATURE: (°C) -40° C TO +80° CSTORAGE TEMPERATURE: (°C) -70° C TO +80° CENCLOSURE TYPE (OUTDOOR) POLYCARBONATE: UL 94V-0 RATEDENCLOSURE 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, CEELECTRICALAVAILABLE FROM EXCEL SIGN AND DECAL:http://www.weneedsigns.com/home.php?cal+1135 AND CLICK ON AT&TPH: 510-651-0445N01-DC-16 1"X6" NOTICE DECAL"For 1 Foot Distance" VINYL DECAL WITH ADHEDSIVE BACKINGNOTICERF energy emitted by this device may exceed the FCC's generalpublic exposure limits. Stay at least 1 foot away from the device.Call 800-638-2822 for help if you need access within 1 footPlace 3 NOTICE sticker at the bottom of the front ofthe radome of each antenna.COVER FEATURES:·STANDARD LOAD RATING: 20,800 LBS. WHEEL LOADON 10"x20" PLATE·2 BOLT DOWN LOCATIONS·STAINLESS STEEL BOX INSERTS·POLYMER CONCRETE CONSTRUCTION·NON-SKID SURFACE STANDARD·20K TO BE EMBOSSED ON COVER·APPROXIMATE WEIGHT = 120 LBS.COVER FEATURES:·POLYMER CONCRETE CONSTRUCTION·LIGHTWEIGHT·STACKABLE FOOT·APPROX. WEIGHT 188 LBS.NON-SKID(STANDARD)2"x8" NAMEPLATERECESS (1 PL)LIFT PINS (2 PL)BOLT DOWNS (2 PL)3/8"x3" HEX BOLT(2 PL EA END)(OR APPROVED EQUAL)ERICSSON - RADIO 2203GALTRONICS OMNI ANTENNARAYCAP DISCONNECTOMNI ANTENNA DISCLAIMER LABELAT&T MOBILITY FUSED DISCONNECTHANDHOLE(2) ERICSSON 2203MOUNTING - BOTH SIDESRAYCAP POSITION ACLOADCENTER OVP (OPTIONAL)TOPFRONTBOTTOM41.3"Ø12"DIMENSIONS (WxDxH):41.3"xØ12"COMMSCOPE SCC-760236966MECHANICAL SPECIFICATIONSWEIGHT:58 LBS. (26KG)MOUNTING:MOUNTS TO TOP OF POLEERICSSON - RADIO 2205EQUIPMENT SHROUDDIMENSIONS (WxDxH):7.87"x4.84"x7.87", INCLUDING MOUNTINGBRACKET AND ESTHETIC FRONT COVERERICSSON - MICRO RADIO 2205MECHANICAL SPECIFICATIONSVOLUME AND WEIGHT:4 LITRES AND < 4 kg (8.82 lbs)MOUNTING:WALL AND POLE MOUNTINTERFACE SPECIFICATIONS:ANTENNA PORTS:2 x 4.3-10(F)EXTERNAL ALARM:2POWER SUPPLY:-48 VCD OR 100 -250 VACELECTRICAL SPECIFICATIONS:CPRI:2 x 2.5/5/10 Gbps (EXCHANGEABLE SFPMODULES)OPTICAL INDICATORS:6FIELD GROUND:17.87"7.87"FRONTSIDETOP7.87"4.84"4.84" 7.87"BACK7.87"7.87"ERICSSONPOWER OUTPUT:97 WATTS MAXMAX HEAT DISSIPATION: 90 WATTSMINIMUM AC FUSE RATING: 6 AMP2-7-SCE UN-METERED FUSED PANEL57149632811062547983141 SHEET TITLESHEET NUMBERIT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEYARE ACTING UNDER THE DIRECTION OF A LICENSEDPROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT.DRAWN BY:CHECKED BY:MMEGSITE ID: CSTAM_003ACITY STREETLIGHT NO. SCL0796AT THE NW CORNER OF W.BALBOA BLVD. AND 30TH STREETNEWPORT BEACH, CA, 92663330 COMMERCE, STE. 200IRVINE, CA 92602REV DATE DESCRIPTION1452 EDINGER AVE.TUSTIN, CA 92780DATE SIGNED: 03/09/2020EXPIRATION DATE: 06/30/2021A09/17/2018 90% CONSTRUCTIONB 09/21/2018 100% CONSTRUCTION09/16/2019 100% CD'S REVISEDCD 10/17/2019 100% CONSTRUCTIONE 12/06/2019 SCE FINAL POWERF 03/09/2020 100% CD'S REVISEDDETAILSD-2POLE MOUNTED SIGNSPARKWAY TRENCH DETAIL25134ROADWAY TRENCH DETAILANTENNA SIGNAGEEMERGENCY CONTACT SIGN5"8"Please Reference Site IDPhone: (877) 231-5447E-mail: atttowers@att.comIn case of Emergency ContactAT&T TOWERSSite IDFCC ID5"4"Stay BackRadio-frequency energymay exceed exposure limits.If questions, contact facility owner.ANTI-GRAFFITI COATING ON SIGNPhone: (877) 231-5447E-mail: atttowers@att.comWINDBREAKER BRACKET SYSTEMSTREETLIGHT POLESTEEL BANDING KIT W/ BANNERARM TYP.TOP & BOTTOMTO COMPLY WITH CITY BANNERPOLICY L-16, WIND LOAD 90MPH(FUTURE BY OTHERS)BANNERANTI-GRAFFITI COATING ON SIGNGC TO ADD OWNER INFORMATION TODECAL SIGNNEW FOUNDATION142 SHEET TITLESHEET NUMBERIT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEYARE ACTING UNDER THE DIRECTION OF A LICENSEDPROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT.DRAWN BY:CHECKED BY:MMEGSITE ID: CSTAM_003ACITY STREETLIGHT NO. SCL0796AT THE NW CORNER OF W.BALBOA BLVD. AND 30TH STREETNEWPORT BEACH, CA, 92663330 COMMERCE, STE. 200IRVINE, CA 92602REV DATE DESCRIPTION1452 EDINGER AVE.TUSTIN, CA 92780DATE SIGNED: 03/09/2020EXPIRATION DATE: 06/30/2021A09/17/2018 90% CONSTRUCTIONB 09/21/2018 100% CONSTRUCTION09/16/2019 100% CD'S REVISEDCD 10/17/2019 100% CONSTRUCTIONE 12/06/2019 SCE FINAL POWERF 03/09/2020 100% CD'S REVISEDCITY OF NEWPORTDETAILSD-3NOT USEDNOT USEDSIDEWALK DETAILTRENCH RESURFACINGNOT USEDROADWAY TRENCHPARKWAY TRENCH21436587LUMINAIRE ATTACHMENTBACK VIEWBOTTOM VIEWNOTE:SECURLY TIGHTEN BOLTS TO19.7 FT-LBS BY ALTERMATINGFROM BOLTS TO BOLTS INEQUAL MEASURED AMOUNTS OF25% TORQUE TO AVOIDCROSS-THREADING-D-4143 SHEET TITLESHEET NUMBERIT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEYARE ACTING UNDER THE DIRECTION OF A LICENSEDPROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT.DRAWN BY:CHECKED BY:MMEGSITE ID: CSTAM_003ACITY STREETLIGHT NO. SCL0796AT THE NW CORNER OF W.BALBOA BLVD. AND 30TH STREETNEWPORT BEACH, CA, 92663330 COMMERCE, STE. 200IRVINE, CA 92602REV DATE DESCRIPTION1452 EDINGER AVE.TUSTIN, CA 92780A09/17/2018 90% CONSTRUCTIONB 09/21/2018 100% CONSTRUCTION09/16/2019 100% CD'S REVISEDCD 10/17/2019 100% CONSTRUCTIONE 12/06/2019 SCE FINAL POWERF 03/09/2020 100% CD'S REVISEDD-4LUMINAIRE SPECSFOR REFERENCE ONLY144 SHEET TITLESHEET NUMBERIT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEYARE ACTING UNDER THE DIRECTION OF A LICENSEDPROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT.DRAWN BY:CHECKED BY:MMEGSITE ID: CSTAM_003ACITY STREETLIGHT NO. SCL0796AT THE NW CORNER OF W.BALBOA BLVD. AND 30TH STREETNEWPORT BEACH, CA, 92663330 COMMERCE, STE. 200IRVINE, CA 92602REV DATE DESCRIPTION1452 EDINGER AVE.TUSTIN, CA 92780A 09/17/2018 90% CONSTRUCTIONB 09/21/2018 100% CONSTRUCTION09/16/2019 100% CD'S REVISEDCD 10/17/2019 100% CONSTRUCTIONE 12/06/2019 SCE FINAL POWERF 03/09/2020 100% CD'S REVISEDPOLE DETAILSS-1FOR REFERENCE ONLYPOLE DETAIL1145 SHEET TITLESHEET NUMBERIT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEYARE ACTING UNDER THE DIRECTION OF A LICENSEDPROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT.DRAWN BY:CHECKED BY:MMEGSITE ID: CSTAM_003ACITY STREETLIGHT NO. SCL0796AT THE NW CORNER OF W.BALBOA BLVD. AND 30TH STREETNEWPORT BEACH, CA, 92663330 COMMERCE, STE. 200IRVINE, CA 92602REV DATE DESCRIPTION1452 EDINGER AVE.TUSTIN, CA 92780A 09/17/2018 90% CONSTRUCTIONB 09/21/2018 100% CONSTRUCTION09/16/2019 100% CD'S REVISEDCD 10/17/2019 100% CONSTRUCTIONE 12/06/2019 SCE FINAL POWERF 03/09/2020 100% CD'S REVISEDADAPTER PLATEDETAILSS-2FOR REFERENCE ONLYADAPTER PLATE DETAIL1146 SHEET TITLESHEET NUMBERIT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEYARE ACTING UNDER THE DIRECTION OF A LICENSEDPROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT.DRAWN BY:CHECKED BY:MMEGSITE ID: CSTAM_003ACITY STREETLIGHT NO. SCL0796AT THE NW CORNER OF W.BALBOA BLVD. AND 30TH STREETNEWPORT BEACH, CA, 92663330 COMMERCE, STE. 200IRVINE, CA 92602REV DATE DESCRIPTION1452 EDINGER AVE.TUSTIN, CA 92780A 09/17/2018 90% CONSTRUCTIONB 09/21/2018 100% CONSTRUCTION09/16/2019 100% CD'S REVISEDCD 10/17/2019 100% CONSTRUCTIONE 12/06/2019 SCE FINAL POWERF 03/09/2020 100% CD'S REVISEDSCE FINAL DESIGNSCE-1FOR REFERENCE ONLYFINAL POWER1147 SHEET TITLESHEET NUMBERIT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEYARE ACTING UNDER THE DIRECTION OF A LICENSEDPROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT.DRAWN BY:CHECKED BY:MMEGSITE ID: CSTAM_003ACITY STREETLIGHT NO. SCL0796AT THE NW CORNER OF W.BALBOA BLVD. AND 30TH STREETNEWPORT BEACH, CA, 92663330 COMMERCE, STE. 200IRVINE, CA 92602REV DATE DESCRIPTION1452 EDINGER AVE.TUSTIN, CA 92780A 09/17/2018 90% CONSTRUCTIONB 09/21/2018 100% CONSTRUCTION09/16/2019 100% CD'S REVISEDCD 10/17/2019 100% CONSTRUCTIONE 12/06/2019 SCE FINAL POWERF 03/09/2020 100% CD'S REVISEDSCE FINAL DESIGNSCE-2FOR REFERENCE ONLYFINAL POWER1148 SHEET TITLESHEET NUMBERIT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEYARE ACTING UNDER THE DIRECTION OF A LICENSEDPROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT.DRAWN BY:CHECKED BY:MMEGSITE ID: CSTAM_003ACITY STREETLIGHT NO. SCL0796AT THE NW CORNER OF W.BALBOA BLVD. AND 30TH STREETNEWPORT BEACH, CA, 92663330 COMMERCE, STE. 200IRVINE, CA 92602REV DATE DESCRIPTION1452 EDINGER AVE.TUSTIN, CA 92780A 09/17/2018 90% CONSTRUCTIONB 09/21/2018 100% CONSTRUCTION09/16/2019 100% CD'S REVISEDCD 10/17/2019 100% CONSTRUCTIONE 12/06/2019 SCE FINAL POWERF 03/09/2020 100% CD'S REVISEDSCE FINAL DESIGNSCE-3FOR REFERENCE ONLYFINAL POWER1149 SHEET TITLESHEET NUMBERIT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEYARE ACTING UNDER THE DIRECTION OF A LICENSEDPROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT.DRAWN BY:CHECKED BY:MMEGSITE ID: CSTAM_003ACITY STREETLIGHT NO. SCL0796AT THE NW CORNER OF W.BALBOA BLVD. AND 30TH STREETNEWPORT BEACH, CA, 92663330 COMMERCE, STE. 200IRVINE, CA 92602REV DATE DESCRIPTION1452 EDINGER AVE.TUSTIN, CA 92780DATE SIGNED: 03/09/2020EXPIRATION DATE: 06/30/2021A 09/17/2018 90% CONSTRUCTIONB 09/21/2018 100% CONSTRUCTION09/16/2019 100% CD'S REVISEDCD 10/17/2019 100% CONSTRUCTIONE 12/06/2019 SCE FINAL POWERF 03/09/2020 100% CD'S REVISEDE-1ELECTRICAL DETAILSNOT USEDGROUNDING SCHEMATICSTRIKESORB 120VPROTECTIONDISCONNECT SWITCHCONNECTION FOR POWER INJUMPER GROUNDCONNECTIONS7 AMP CIRCUIT BREAKERSCHASSIS GROUND CONNECTIONDEAD -FRONT FOR LIVECOMPONENTSBREAKER SCHEDULE5D-1PICO PLUMBING DIAGRAM······246135NOTESERICSSON2D-15D-11D-1ERICSSON4D-19D-18D-1ERICSSON2D-15D-14D-1ERICSSON9D-18D-1SINGLE LINE DIAGRAM150 250'250'TEMP. NO PARKING250'250'ENDROAD WORKROADWORKAHEADROADWORKAHEADENDROAD WORKROADWORKAHEADENDROAD WORKSHOULDERWORKAHEADSIDEWALKCLOSED250'ENDROAD WORKROADWORKAHEADSHOULDERCLOSEDSIDEWALKCLOSED100'ROADWORKAHEADENDROAD WORKSIDEWALK CLOSEDAHEADCROSS HERESIDEWALK CLOSEDAHEADCROSS HERECONTRACTOR TO PLACE STEEL PLATESOVER THE TRENCH TO PROVIDEACCESS TO DRIVEWAYS AND ALLEY.SHEET TITLESHEET NUMBERIT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEYARE ACTING UNDER THE DIRECTION OF A LICENSEDPROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT.DRAWN BY:CHECKED BY:MMEGSITE ID: CSTAM_003ACITY STREETLIGHT NO. SCL0796AT THE NW CORNER OF W.BALBOA BLVD. AND 30TH STREETNEWPORT BEACH, CA, 92663330 COMMERCE, STE. 200IRVINE, CA 92602REV DATE DESCRIPTION1452 EDINGER AVE.TUSTIN, CA 92780DATE SIGNED: 03/09/2020EXPIRATION DATE: 06/30/2021A 09/17/2018 90% CONSTRUCTIONB 09/21/2018 100% CONSTRUCTION09/16/2019 100% CD'S REVISEDCD 10/17/2019 100% CONSTRUCTIONE 12/06/2019 SCE FINAL POWERF 03/09/2020 100% CD'S REVISEDTC-1TRAFFIC CONTROLPLANTRAFFIC CONTROL PLAN1NOTES:1. ALL TRAFFIC CONTROL DEVICES SHALL CONFORM TO THE LATEST EDITION OF THECALIFORNIA 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 INITIATEFIELD 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 ISREQUIRED, 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 COMMENCINGWORK IN ALL PARKING ZONES.8. ACCESS TO DRIVEWAYS WILL BE MAINTAINED AT ALL TIMES UNLESS OTHER ARRANGEMENTSARE MADE.9. THE CONTRACTOR SHALL REPLACE WITHIN 72 HOURS ALL TRAFFIC SIGNAL LOOP DETECTORSDAMAGED DURING CONSTRUCTION.10. THE CONTRACTOR SHALL REPLACE WITHIN 24 HOURS, ALL STRIPING, REMOVED OR DAMAGEDBY CONSTRUCTION WORK. (STRIPING MAY BE REPLACED TEMPORARILY WITH TAPE.)11. ALL WORKERS SHALL BE EQUIPPED WITH AN ORANGE VEST (OR A REFLECTIVE VEST ATNIGHT). ALL FLAGGERS SHALL BE EQUIPPED WITH A HARD HAT, C28 "STOP/SLOW" PADDLE ANDSHALL BE TRAINED IN THE PROPER FUNDAMENTALS OF FLAGGING TRAFFIC.12. ANY WORK THAT DISTURBS NORMAL TRAFFIC SIGNAL OPERATIONS SHALL BE COORDINATEDWITH THE CITY 48 HOURS PRIOR TO BEGINNING CONSTRUCTION.13. THE CONTRACTOR SHALL MAINTAIN ALL TRAFFIC DEVICES 24 HOURS PER DAY AND 7 DAYSPER WEEK.14. A MINIMUM OF 10' TRAVEL LANES MUST BE MAINTAINED UNLESS OTHERWISE APPROVED THECITY.15. ALL NIGHT WORK WILL REQUIRE WRITTEN APPROVAL FROM THE CITY. LANE CLOSURES, ROADDETOURS, AND TRAFFIC SIGNAL MODIFICATIONS ASSOCIATED WITH OVERNIGHTCONSTRUCTION ACTIVITIES WILL REQUIRE WARNING SIGNS BE PLACED AT LEAST ONE WEEKIN ADVANCE OR STARTING CONSTRUCTION.16. A SOLAR POWERED FLASHING ARROW BOARD SHALL BE REQUIRED ON ALL ARTERIAL STREETLANE CLOSURES.17. THE CONTRACTOR SHALL NOTIFY TRANSIT AUTHORITY IN ADVANCE AND PROVIDETEMPORARY RELOCATED BUS STOPS.18. TRAFFIC CONTROL PLAN COMPLIES WITH 2016 WATCHBOOK REQUIREMENTS.TYPE I BARRICADE W/PROPOSED SIGNSFLASHING ARROW SIGNCHANNELIZING DEVICEHIGH LEVEL WARNING DEVICEW/ PROPOSED SIGNPROPOSED SIGN AND POSTTYPE I BARRICADETYPE III BARRICADETYPE III BARRICADE W/PROPOSED SIGNSSIGNALIZED INTERSECTIONCONSTRUCTION AREAFLAGGERLEGENDMINIMUM RECOMMENDED DELINEATOR/CONE & SIGN PLACEMENTTABLE 6H-4FORMULAS BASED ON 12' WIDE LANES:40 MPH OR LESS L=WS²/6045 MPH OR MORE L=WSL FOR MERGE TAPER1/2L FOR SHIFT TAPER1/3L FOR SHOULDER TAPERPOSTEDSPEED LIMITTAPER LENGTH "L"EACH LANEDELINEATOR SPACINGTAPER TANGENTSIGN SPACING "S"ADVANCE OF TAPERS& BETWEEN SIGNSBUFFERSPACETANGENTSPACE100 FTMIN=205 FT257 FT315 FT378 FT446 FT520 FT598 FT682 FT158 FT180 FT245 FT320 FT540 FT600 FT660 FT720 FT780 FT125 FT60 FT70 FT80 FT100 FT100 FT100 FT100 FT100 FT50 FT30 FT35 FT40 FT50 FT50 FT50 FT50 FT50 FT25 FT25 MPH30 MPH35 MPH40 MPH45 MPH50 MPH55 MPH60 MPH65 MPH180 FT245 FT320 FT540 FT600 FT660 FT720 FT780 FT125 FTNENESESWWNWSCITY NOTE:TRAFFIC CONTROL PLANS ARE NOT TO BE USED FOR CONSTRUCTION AND NEW TCP WILL BESUBMITTED AND APPROVED AS PART OF THE ENCROACHMENT PERMIT APPLICATION.151 June 4, 2020, Planning Commission Item 2 Comments 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. 2. AT&T SMALL CELL SLC0796 APPEAL (PA2019-111) As indicated on handwritten page 91, the City received correspondence on this matter when it was before the Zoning Administrator. That prior correspondence, including a comment from me, does not seem to have been included in the present staff report. My concern is with the assurances on handwritten page 12 and in Section 1.4 of the proposed resolution (handwritten page 19) that this application for a new cell site in the coastal zone can be approved without a coastal development permit. Despite those assurances, I believe doing so is a clear violation of the City’s certified Local Coastal Program. Staff claims this project is exempt from the requirement for processing a CDP because of the general exemption of Subsection 21.50.035(C)(4)1 of our LCP Implementation Plan for “Repair and Maintenance” activity that is not otherwise impactful to coastal resources. That exemption, which might apply to the repair or maintenance of an existing telecom facility, is clearly inapplicable here. The application is not for repair of the existing streetlight. Nor is for its maintenance. It is for the creation of something new: constructing a telecom facility where none previously existed. Even if it might be eligible for that exemption, the possibility is overridden by the explicit requirement for a CDP for such installations in Chapter 21.49 (“Wireless Telecommunications Facilities”) of the IP – which, not coincidentally, mirrors the conditions requiring the granting of the present Minor Use Permit under the identically-titled, and nearly identically written, Chapter 20.49 of the Zoning Code. Staff’s assurance that “In consultation with Coastal Commission staff, the modification of a streetlight for a small cell facility remains exempt, provided there is no visual resource impact” is unavailing since interpretation is neither called for, nor appropriate, when the language of the IP is clear. And this case it is. Staff acknowledges with regard to the parallel Title 20, that Subsection 21.49.030.F.3 of the IP lists this as a Class 3 (Public Right-of-Way Installation) facility, for which Section 21.49.020 says “B. Permit and Agreement Required. Prior to installation or modification of any telecom facility in the City, the applicant shall obtain a coastal development permit that is consistent with the provisions of this Local Coastal Program.” 1 Pages 12 and 19 cite a nonexistent section. The reference is presumably to Subsection 21.52.035(C)(4). Planning Commission - June 4, 2020 Item 2a Additional Materials Received AT&T Small Cell SLC0796 Appeal (PA2019-111) June 4, 2020, PC agenda Item 2 comments - Jim Mosher Page 2 of 2 IP Subsection 21.49.020.C lists the six kinds of telecom applications that do not normally require a CDP. The addition of a cell site to the top of a replacement streetlight pole is not among them and cannot reasonably be fit into any of the six categories described. If it could be, the identical Subsection 20.49.020.C of Title 20 would exempt it from the requirement for a zoning permit, and the hearing being appealed would never have been required for approval in the first place. In brief, the process for evaluating the impact of all of the telecom applications of the types listed in Chapter 21.49 is the public vetting of those impacts through the processing of a CDP. Neither City staff nor Coastal staff has the authority to bypass that previously certified process by simply deciding in advance that a particular project has, in their personal view, no impact. Doing so not only contradicts the clear requirement for a CDP in the IP, but it denies the normal avenue of appeal2 to those who may not agree with staff’s conclusion. In my view, it is staff’s obligation to either publicly process a CDP or point to some written and properly-adopted regulation that overrides the clear requirement for one in our IP. 2 The normal process when a development project is in the LCP appeal area (and the staff report does not reveal if this is or not) is for the City to notify the CCC of its approval of the CDP. Coastal staff then publicly posts it as an appealable action, and an appeal to the Coastal Commission can then be filed. The process in the present case, where the City is sanctioning unpermitted development in the Coastal Zone, and makes no public report of its decision to the CCC, is much less clear. Planning Commission - June 4, 2020 Item 2a Additional Materials Received AT&T Small Cell SLC0796 Appeal (PA2019-111)