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Home My WebLink About20200709_PC_Staff ReportCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT July 9, 2020 Agenda Item No. 4 SUBJECT: AT&T Small Cell SLC0796 Appeal (PA2019-111) Minor Use Permit No. UP2019-030 Coastal Development Permit No. CD2020-052 SITE LOCATION: Public right-of-way, City streetlight number SLC0796, at the northwestern corner of Balboa Boulevard and 30 th 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. Also included in the request is a coastal development permit to allow the installation within the coastal zone boundaries. 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 Structures), respectively, of the State CEQA (California Environmental Quality Act) Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment and the exceptions to the Class 3 exemption under Section 15300.2 do not apply; and 3) Adopt Resolution No. PC2020-018 approving Coastal Development Permit No. CD2020-052 and affirming the decision of the Zoning Administrator 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, July 9, 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, July 9, 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, July 9, 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 9). 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. SLC0796, 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, July 9, 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, July 9, 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 staff 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. The project was scheduled for a de novo public hearing by the Planning Commission for June 4, 2020 but was continued from that agenda to allow staff additional time to review the project. Of concern was whether the project also required a coastal development permit. Upon finding that a coastal development permit should be required, staff prepared a revised public hearing notice including the Coastal Development Permit in accordance with NBMC Chapters 20.62 and 21.62. Based on NBMC Subsections 20.64.030(C)(3) and 21.64.030(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 8 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, July 9, 2020 Page 7 Permit No. UP2019-030 has no force or effect. The Planning Commission is not bound by the Zoning Administrator’s decision. The Coastal Development Permit was not reviewed by the Zoning Administrator, as it was not identified as a requirement until after the Zoning Administrator had completed his review and action on the Minor Use Permit. Pursuant to NBMC Section 21.50.020 (Authority for Decisions), the Zoning Administrator may refer the review and action of a coastal development permit to the Planning Commission. In this case, the Zoning Administrator determined it is most appropriate for the Planning Commission to consider both the appeal of the Minor Use Permit and the Coastal Development Permit as a single project (Attachment No. PC 6). Analysis Pursuant to NBMC Chapters 20.49 and 21.49 (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 authority, in this case the Planning Commission due to the appeal, to 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 permit application for a wireless telecommunications facility are required in NBMC Section 20.49.060 (Permit Review Procedures). Those additional findings are as follows: 9 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, July 9, 2020 Page 8 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 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 telecom 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 10 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, July 9, 2020 Page 9 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. NBMC Sections 20.49.050 and 21.49.050 (General Development and Design Standards) require projects to be visually compatible with surrounding structures. All telecommunications equipment on top of the streetlight pole would be concealed within a painted-to-match 12-inch diameter shroud. The proposed small cell facility would rely on likeness with the streetlight pole through style, color, and material to help disguise its presence. Electrical and wiring components of the telecommunications equipment are designed to be fully contained within the new streetlight pole. 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 facility before construction is to commence. NBMC Chapters 20.49 and 21.49 (Wireless Telecommunication Facilities) outline 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 Subsections 20.49.040(A) and 21.49.040(A) (Preferred Locations) prioritize 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) and 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 11 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, July 9, 2020 Page 10 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 9. 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 The project site is located within the coastal zone boundaries and does not have any land use designations, as it is located within the public right-of-way. Pursuant to Subsection 21.49.020(B) (Permit and Agreement Required) of the NBMC, the applicant shall obtain a coastal development permit prior to the installation of any wireless telecommunications facility unless said facility is exempted by Subsection 21.49.020(C) (Exempt Facilities). In this case, the Project does not meet any of the prescribed exemptions; therefore, a coastal development permit is required. Section 21.52.015 (Coastal Development Permits, Findings and Decision) of the NBMC requires the review authority, in this case the Planning Commission due to the appeal and the Zoning Administrator’s determination, to make the following findings in order to approve a Use Permit: a. [The project c]onforms to all applicable sections of the certified Local Coastal Program; and b. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. 12 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, July 9, 2020 Page 11 The proposed facility is considered a Class 3 (Public Right-of-Way) installation. Section 21.49.040 (Telecom Facility Preferences and Prohibited Locations) of the NBMC lists Class 3 Installations as third on the installation preference list. It is not proposed at a location that is prohibited by NBMC Subsection 21.49.040(B) (Prohibited Locations). AT&T’s analysis concluded that a more preferred location as defined by Subsection 21.49.040(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. The abutting properties are zoned for residential use and, as such, a building mounted “stealth” facility would not be possible. The project complies with Section 21.30.100 (Scenic and Visual Quality 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 shielded antennas will extend above the pole by approximately 5 feet, 6 inches while the antenna shroud will be visible from the immediate vicinity. The project has been designed to blend 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. There will be no negative impacts on coastal views or coastal resources with the project’s implementation. SLC0796 is not located between the nearest public road and the sea or shoreline; therefore, the project will not affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. Vertical access to the beach is provided by way of street-ends in the area, including 30th Street. Lateral access along the beach provided on the beach itself and along the Oceanfront Boardwalk. The equipment will be below grade and will not impact any public way. In summary, the project will allow the installation of a small cell facility that complies with all applicable Local Coastal Program (LCP) development standards and maintains development attributes consistent with the existing and anticipated future surrounding neighborhood pattern of development. Therefore, the project does not have the potential to degrade public views within the Coastal Zone. 13 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, July 9, 2020 Page 12 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). The Zoning Administrator considered five alternative streetlight locations that the Applicant found to be not viable (see Attachment No. PC 8). 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. 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. 14 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, July 9, 2020 Page 13 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 15 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, July 9, 2020 Page 14 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 16 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, July 9, 2020 Page 15 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 Chapters 20.49 and 21.49. 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 17 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, July 9, 2020 Page 16 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, 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. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property and residential occupants within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant and appellant, 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 Jim Campbell Senior Planner Deputy Community Development Director 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 Zoning Administrator Referral Memo PC 7 Applicant’s Project Description and Justification PC 8 Alternative Locations Studied and Rejected PC 9 Photographic Simulations, Project Plans, and Coverage Maps 01/12/18 18 Attachment No. PC 1 Draft Resolution for Approval 19 INTENTIONALLY BLANK PAGE20 RESOLUTION NO. PC2020-018 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2020-052 AND 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 (“Applicant”), with respect to City of Newport Beach Streetlight Number SLC0796 (“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, 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. Also included is the review of a coastal development permit. (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. 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 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this public hearing. 5. The Zoning Administrator adopted Resolution No. ZA2020-030 approving Minor Use Permit No. UP2019-030. 21 Planning Commission Resolution No. PC2020-018 Page 2 of 16 6. 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. 7. The Project was scheduled for a de novo public hearing by the Planning Commission for June 4, 2020 but was continued from that agenda to allow staff additional time to review the Project. Of concern was whether the Project also required a coastal development permit. 8. The Project is located within the Coastal Zone. Subsection 21.49.020(B) (Permit and Agreement Required) of the NBMC requires a coastal development permit for a wireless telecommunication facility unless said facility is exempted by Subsection 21.49.020(C) (Exempt Facilities). In this case, the Project does not meet any of the prescribed exemptions; therefore, a coastal development permit is required. 9. Upon finding that a coastal development permit is required, the Zoning Administrator deferred action on Coastal Development Permit CD2020-052 and is referring it to the Planning Commission pursuant to Section 21.50.020 footnote (3) (Authority for Decisions) for consideration and final action along with Minor Use Permit No. UP2019- 030. The Project was noticed for the Planning Commission’s review. A de novo telephonic public hearing was held by the Planning Commission on July 9, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of 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. 22 Planning Commission Resolution No. PC2020-018 Page 3 of 16 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 23 Planning Commission Resolution No. PC2020-018 Page 4 of 16 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) and 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 24 Planning Commission Resolution No. PC2020-018 Page 5 of 16 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 25 Planning Commission Resolution No. PC2020-018 Page 6 of 16 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. 26 Planning Commission Resolution No. PC2020-018 Page 7 of 16 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, and B.7. 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. 27 Planning Commission Resolution No. PC2020-018 Page 8 of 16 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. 28 Planning Commission Resolution No. PC2020-018 Page 9 of 16 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 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 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. The abutting properties are zoned for residential use and, as such, a building mounted “stealth” facility would not be possible. Coastal Development Permit In accordance with Subsection 21.52.015(F) (Coastal Development Permits, Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: 29 Planning Commission Resolution No. PC2020-018 Page 10 of 16 Finding: J. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The Project is considered a Class 3 (Public Right-of-Way) installation. Section 21.49.040 (Telecom Facility Preferences and Prohibited Locations) of the NBMC lists Class 3 Installations as third on the installation preference list. It is not proposed at a location that is prohibited by NBMC Subsection 21.49.040(B) (Prohibited Locations). 2. See Fact in Support of Finding I.2. 3. The Project complies with Section 21.30.100 (Scenic and Visual Quality 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 shielded antennas will extend above the pole by approximately 5 feet, 6 inches while the antenna shroud will be visible from the immediate vicinity. The Project has been designed to blend 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. There will be no negative impacts on coastal views or coastal resources with the Project’s implementation. 4. The proposed replacement streetlight and antenna structure will comply with the maximum allowable height limit of 35 feet from existing finished grade. Finding: K. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. SLC0796 is not located between the nearest public road and the sea or shoreline; therefore, the Project will not affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. Vertical access to the beach is provided by way of street-ends in the area, including 30th Street. Lateral access along the beach provided on the beach itself and along the Oceanfront Boardwalk. The equipment will be below grade and will not impact any public way. 30 Planning Commission Resolution No. PC2020-018 Page 11 of 16 2. The Project will allow the installation of a small cell facility that complies with all applicable Local Coastal Program (LCP) development standards and maintains development attributes consistent with the existing and anticipated future surrounding neighborhood pattern of development. Therefore, the Project does not have the potential to degrade public views within the Coastal Zone. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. 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. The exceptions to the Class 3 exemption do not apply. 2. The Planning Commission of the City of Newport Beach hereby approves Coastal Development Permit No. CD2020-052 and upholds the Zoning Administrator’s decision approving 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 Office of the City Clerk in accordance with Title 21 (Local Coastal Program Implementation Plan) of the NBMC. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeals to the Coastal Commission) of the NBMC, California Code of Regulations Title 14, Division 5.5, Chapter 5, Subchapter 2, Sections 13111 through 13120, and Section 30603 of the California Public Resources Code. PASSED, APPROVED, AND ADOPTED THIS 9TH DAY OF JULY, 2020. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Chairman BY:_________________________ Secretary 31 Planning Commission Resolution No. PC2020-018 Page 12 of 16 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the plans, including elevation exhibits and visual simulations, stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this approval. 4. The Project approved by this permit shall comply with all applicable Federal and State rules, regulations, and standards. 5. The replacement pole shall be reconstructed in the exact location of the existing streetlight pole. 6. The reconstructed streetlight pole design shall be consistent with the size (including diameter), shape, style, and design of the existing streetlight pole to the greatest extent feasible, including the attached light arm and luminaire. All mounted equipment shall be painted to match the color and style of the replacement streetlight pole. 7. All accessory support equipment of this Project shall be installed underground. 8. All electrical and antenna wiring shall be fully encased within the reconstructed streetlight pole. 9. The Project approved by the use permit shall comply with any easements, covenants, conditions, or restrictions on the underlying City-trust property upon which the Project is located. 10. Anything not specifically approved by this permit is not permitted and must be addressed in a separate and subsequent review. 11. Prior to building permit final, a Height Certification Inspection shall be required. 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]). 32 Planning Commission Resolution No. PC2020-018 Page 13 of 16 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. 33 Planning Commission Resolution No. PC2020-018 Page 14 of 16 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 in good repair, such that it is always 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 Chapters 20.49 and 21.49, including the conditions of approval, based on changed circumstances. The operator shall notify the Planning Division of any proposal to change the height or size of the facility; increase the size, shape, or number of antennas; change the facility's color or materials or location on the site; or increase the signal output above the maximum permissible exposure ("MPE") limits imposed by the radio frequency emissions guidelines of the FCC. Any changed circumstance shall require the operator to apply for a review of the modification, and possible amendment to the use permit, prior to implementing any change. 29. Coastal Development Permit No. CD2020-052 and Minor Use Permit No. UP2019-030 shall expire unless exercised within 24 months from the date of approval as specified in 34 Planning Commission Resolution No. PC2020-018 Page 15 of 16 Sections 20.54.060 and 21.54.060 (Time Limits and Extensions) of the NBMC, unless an extension is otherwise granted. 30. Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays or holidays. 31. This approval may be modified or revoked by the 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 and Coastal Development Permit No. CD2020-052 (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. 35 Planning Commission Resolution No. PC2020-018 Page 16 of 16 Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagman. Additional Conditions 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. 36 Attachment No. PC 2 Draft Resolution for Denial 37 INTENTIONALLY BLANK PAGE38 RESOLUTION NO. PC2020-018 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING COASTAL DEVELOPMENT PERMIT NO. CD2020-052 AND REVERSING THE DECISION OF THE ZONING ADMINISTRATOR 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 (“Applicant”), with respect to City of Newport Beach Streetlight Number SLC0796 (“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, 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. Also included is the review of a coastal development permit. (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. 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 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this public hearing. 5. The Zoning Administrator adopted Resolution No. ZA2020-030 approving Minor Use Permit No. UP2019-030. 39 Planning Commission Resolution No. PC2020-018 Page 2 of 3 6. 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. 7. The Project was scheduled for a de novo public hearing by the Planning Commission for June 4, 2020 but was continued from that agenda to allow staff additional time to review the Project. Of concern was whether the Project also required a coastal development permit. 8. The Project is located within the Coastal Zone. Subsection 21.49.020(B) (Permit and Agreement Required) of the NBMC requires a coastal development permit for a wireless telecommunication facility unless said facility is exempted by Subsection 21.49.020(C) (Exempt Facilities). In this case, the Project does not meet any of the prescribed exemptions; therefore, a coastal development permit is required. 9. Upon finding that a coastal development permit is required, the Zoning Administrator deferred action on Coastal Development Permit CD2020-052 and is referring it to the Planning Commission pursuant to Section 21.50.020 footnote (3) (Authority for Decisions) for consideration and final action along with Minor Use Permit No. UP2019- 030. The Project was noticed for the Planning Commission’s review. A de novo telephonic public hearing was held by the Planning Commission on July 9, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of 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 and Subsection 21.52.015(F) (Coastal Development Permits, Findings and Decision) of the NBMC. In this case, the Planning Commission was unable to make the required findings based upon the following: \\ \\ \\ \\ \\ 40 Planning Commission Resolution No. PC2020-018 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 denies Coastal Development Permit No. CD2020-052 and 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 and Title 21 Local Coastal Program Implementation Plan. PASSED, APPROVED, AND ADOPTED THIS 9TH DAY OF JULY, 2020. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Chairman BY:_________________________ Secretary 41 INTENTIONALLY BLANK PAGE42 Attachment No. PC 3 Appeal Form 43 INTENTIONALLY BLANK PAGE44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 INTENTIONALLY BLANK PAGE70 Attachment No. PC 4 Adopted Zoning Administrator Resolution No. ZA2020-030 71 INTENTIONALLY BLANK PAGE72 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, 73 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: 74 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 75 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 76 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. 77 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. 78 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 79 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 80 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. 81 Zoning Administrator Resolution No. ZA2020-030 Page 10 of 15 01-25-19 PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF APRIL, 2020. 82 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]). 83 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. 84 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. 85 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 86 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. 87 INTENTIONALLY BLANK PAGE88 Attachment No. PC 5 Minutes of Zoning Administrator Meeting of April 16, 2020 89 INTENTIONALLY BLANK PAGE90 91 92 93 94 Attachment No. PC 6 Zoning Administrator Referral Memo 95 INTENTIONALLY BLANK PAGE96 Community Development Department CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment Memorandum To: Chairman Peter Koetting and Planning Commissioners From: Jaime Murillo, Zoning Administrator Date: June 29, 2020 Re: Referral of Coastal Development Permit No. CD2020-052 for a new small cell wireless telecommunications facility proposed on City Streetlight No. SLC0796 (PA2019-111) ________________________________________________________________ At the April 16, 2020, Zoning Administrator meeting, the captioned project came before me for review and decision on Minor Use Permit No. UP2019-030. At the time, it was determined there was no requirement for a coastal development permit and approval was granted for UP2019-030, as submitted. On April 28, 2020, an appeal of UP2019-030 was filed by Mark Pollock citing concerns with the Master License Agreement to allow installation of these types of facilities within the public right-of-way on City-owned structures. It is my understanding that, since the appeal was filed, the project has been evaluated more closely against the City’s certified Local Coastal Program and it was determined a coastal development permit is in fact required. Given the appeal of UP2019-030 is being reviewed by the Planning Commission, it is my decision to refer the required coastal development permit to the Planning Commission for concurrent review as a single project pursuant to Municipal Code Section 21.50.020 (Authority for Decisions). 97 INTENTIONALLY BLANK PAGE98 Attachment No. PC 7 Applicant’s Project Description and Justification 99 INTENTIONALLY BLANK PAGE100 $ #! & ))+ % + ' *//2,03612/51 ' % ( /574 # !" 2/ &# ( %"'%%') *!(%%&&. 449"',72938&#%"#"&!'"!&'!*& *%&& '" (!'"!&','"&%)%&!'&!(&!&&&!'&#"%'"!"'" (!',0 & %"*5#"*%."*5#%"*%&&" (!'"!&'&'' #%")&!$(',!#',*'! 91&+&'!*%&&!'*"%0#%"#"&& ',*#9#%")! #%")%' *%&&&%)&!'&%0 9&' '&''&!'!'%"('"!"'"!!=;;A. "'(&&!%&?A;.;;;F "! '& !'*"%0 9 (&'" %&1 %"*! ! "% " '&%)& * "!'!( '" !%&0 (&'" %!&%$(%9'"&!! !'!'&!'*"%'"#%")! #%")*%&&&! $(',!'"!%&'%'&&(!''"&'% )"0%&''"!"' 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(%!")('%!"#)$)()')!))$")'&,'"#)(4; ("!!!!))(!)'#*-!$*$#(#(!4 ! ! !##& "()0()')!)$4 DKJJ!$)$#)()($()!$$,!-'2%%'$/")!0EGI)($,)$GD))')4123 ED'$%$("!!!!$: ::DDG • %'$%$(("!!!!#$: ::DDG(##)'!%')$#$-'!!("!!!!($!,*$#)$!%!$(?5((##)('-$-'%#)(%$'*$#$.%$')4• %'$%$(("!!!!.!!%'$-.'!(()!$"",#*$#(('-#()')')()$)',(#(((2'(#)(?-()$'(4• %'$%$(("!!!!()()-!!#!()#)',(-"#()$!%?%'$-#"%'$-'*!.'!((('-(#)(,''$,##'(2#!$.9%$.'2!$.9%'$!&,%"#))$,*!)0#'()',),'#)%,!')9$9.04• ,($'%!"#)()')!)!!$.(()!)(#$')%'$%$(&,%"#)##)##4• %'$%$(#()!!*$#.!!##.'!(($"",#*$#.))!()-(,!"%))$)$"",#)04124 125 INTENTIONALLY BLANK PAGE126 Attachment No. PC 9 Photographic Simulations, Project Plans, and Coverage Maps 127 INTENTIONALLY BLANK PAGE128 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-1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.COMD-2 NEWPORT BEACH DETAILSD-3 NEWPORT BEACH DETAILS ELECTRICAL &GROUNDING DETAILSE-1 TRAFFIC CONTROL PLANTC-1T-21-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.PA2019-111Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps129 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-2PA2019-111Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps130 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 NOTES2PA2019-111Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps131 SITE SURVEYTOPOGRAPHICSURVEYCRAN_RLOS_CSTAM_003CITY STREETLIGHT No.SCL0796AT THE NORTHWESTERNCORNER OF WEST BALBOABOULEVARD AND 30TH STREETREVDESCRIPTIONDATE BYC-1CHARLES L. SCOTT III, PLS 8742EXP.12/31/2020 Registration No. in the State of California.ERICSSON330 COMMERCE, STE. 200IRVINE, CA 92602CHARLES L. SSL SSL SSSSSSSCOTT XP 12/31/2020 Registration No inPA2019-111Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps132 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 REVISEDW. BALBOA BLVD.SITE PLANNENESESWWNWSSESWNWENLARGED SITE PLANNENESESWWNWSSESWNW21(E) STREETLIGHT (TYP.)(E) SIDEWALK (TYP.)ROWC/FSITE PLANCLBUILDING(TYP.)NEW AT&T PROJECT LOCATION.SEE ENLARGED SITE PLANPARKINGLOTC/FCLROWROW30TH 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/FROWC/FCLROWC/FROWALLEYWAYALLEYWAYALLEYWAYALLEYWAYROWROWROWROWROWROWROW(E) ADA RAMP (TYP.)(E) ADA RAMP (TYP.)PARKWAYMEDIAN(E) SIDEWALK (TYP.)(E) TREEW. BALBOA BLVD.30TH ST.CLC/FROWCLCLC/FCLROWALLEYWAYROWROW(E) UTILITY POLE # 2050702EW/ AERIAL TRANSFORMER;MEDIANPROPOSED ±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"PA2019-111Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps133 Please Reference Site IDPhone: (877) 231-5447E-mail: atttowers@att.comIn case of Emergency ContactAT&T T O W E R S Site IDFCC IDRadio frequency fieldbeyond this point mayexceed the FCC generalpublic exposure Limits.Obey all posted signs and siteguidelines for working in radiofrequency environments. Workersshall maintain a minimum approachdistance of 16 inchesVERIZON WIRELESS: 866-264-6620In accordance with Federal CommunicationsCommiss i o n r u l e s o n r a d i o f r e q u e n c y e m i s s i o n 47 CFR 1.1307(b)SITE NAME:CSTAM_003ANOTICE8'-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.LROWC/FROW2'-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/F5'-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" MIN2D-38'-1"24'-10"8'-1"1D-2PA2019-111Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps134 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"MIN18"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 2PA2019-111Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps135 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) POLEPA2019-111Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps136 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 BACKINGPlace 3 NOTICE sticker at the bottom of the front ofthe radome of each antenna.COVER FEATURES:xSTANDARD LOAD RATING: 20,800 LBS. WHEEL LOADON 10"x20" PLATEx2 BOLT DOWN LOCATIONSxSTAINLESS STEEL BOX INSERTSxPOLYMER CONCRETE CONSTRUCTIONxNON-SKID SURFACE STANDARDx20K TO BE EMBOSSED ON COVERxAPPROXIMATE WEIGHT = 120 LBS.COVER FEATURES:xPOLYMER CONCRETE CONSTRUCTIONxLIGHTWEIGHTxSTACKABLE FOOTxAPPROX. 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 PANEL57149632811062547983PA2019-111Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps137 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 FOUNDATIONPA2019-111Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps138 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-4PA2019-111Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps139 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 ONLYPA2019-111Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps140 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 DETAIL1PA2019-111Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps141 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 DETAIL1PA2019-111Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps142 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 POWER1PA2019-111Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps143 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 POWER1PA2019-111Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps144 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 POWER1PA2019-111Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps145 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 DIAGRAMxxxxxx246135NOTESERICSSON2D-15D-11D-1ERICSSON4D-19D-18D-1ERICSSON2D-15D-14D-1ERICSSON9D-18D-1SINGLE LINE DIAGRAMPA2019-111Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps146 250'250'TEMP. NO PARKING250'250'250'100'CONTRACTOR 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 FTNENESESWWNWSSEWNWCITY 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.PA2019-111Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps147 © 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 wirelessproviders to demonstrate a significant gap to support a wireless siting application.The FCC explained that a local government could effectively prohibit wireless service“not only by rendering a service provider unable to provide existing service in a newgeographic area or by restricting the entry of a new provider in providing service in aparticular area, but also by materially inhibiting the introduction of new services orthe improvement of existing services. Thus, an effective prohibition includesmaterially inhibiting additional services or improving existing services.” So, such mapscannot be required. Nonetheless, to comply with the city’s application requirements,AT&T is submitting signal strength coverage maps that depict its wireless servicecoverage for LTE service at 1900 MHz as it exists now and as predicted after the smallcell is installed and on air. Note, however, that the city’s requirement for these mapsis inappropriate under applicable law and not relevant in any event because AT&T’sproposed facility provides capacity relief within the existing wireless network.PA2019-111Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps148 LTE 1900_Coverage without Small cell© 2019 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property. AT&T Proprietary (Internal Use Only) Not for use or disclosure outside the AT&T companies except under written agreement.Macro siteProposed small cell NodesPA2019-111Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps149 LTE 1900_Coverage with Small cell© 2019 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property. AT&T Proprietary (Internal Use Only) Not for use or disclosure outside the AT&T companies except under written agreement.Macro siteProposed small cell NodesPA2019-111Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps150 NEW REPLACED 9.75" DIASTREETLIGHT, TOTAL HEIGHT 34'-9"INCLUDING SHROUD AND ANTENNANEW BELOW GRADE HANDHOLESFUTURE BANNER BY OTHERSNEW 12" DIA EQUIPMENT SHROUD WITHRADIOS AND RAYCAP DISCONNECTMOUNTED TO REPLACED STREETLIGHTNEW ANTENNAMOUNTED ON NEWEQUIPMENT SHROUDCity streetlight No. SCL0796 at the northwestern corner of W. Balboa Blvd. and 30th St., Newport Beach, CA 92663PA2019-111Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps151 NEW ANTENNAMOUNTED ON NEWEQUIPMENT SHROUDNEW 12" DIA EQUIPMENT SHROUD WITHRADIOS AND RAYCAP DISCONNECTMOUNTED TO REPLACED STREETLIGHTNEW REPLACED 9.75" DIASTREETLIGHT, TOTAL HEIGHT 34'-9"INCLUDING SHROUD AND ANTENNAFUTURE BANNER BY OTHERSNEW BELOW GRADE HANDHOLESCity streetlight No. SCL0796 at the northwestern corner of W. Balboa Blvd. and 30th St., Newport Beach, CA 92663PA2019-111Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps152 NEW ANTENNAMOUNTED ON NEWEQUIPMENT SHROUDNEW 12" DIA EQUIPMENT SHROUD WITHRADIOS AND RAYCAP DISCONNECTMOUNTED TO REPLACED STREETLIGHTNEW REPLACED 9.75" DIASTREETLIGHT, TOTAL HEIGHT 34'-9"INCLUDING SHROUD AND ANTENNAFUTURE BANNER BY OTHERSCity streetlight No. SCL0796 at the northwestern corner of W. Balboa Blvd. and 30th St., Newport Beach, CA 92663PA2019-111Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps153 July 9, 2020, Planning Commission Item 4 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. 4. AT&T SMALL CELL SLC0796 APPEAL (PA2019-111) It is gratifying to see staff acknowledge (pages 8, 9 and 97) that when they are the Coastal Zone, construction of these small cell installations on (replacement) streetlight poles requires a Coastal Development Permit – something not formerly approved for any of them by the Zoning Administrator. This raises a question about the status of the several similar applications for which the ZA approved Minor Use Permits, only – including the one on Bayside Drive for which a call for review was scheduled as Item No. 3 at the PC’s June 4, 2020, meeting, but not heard due to the call for review having been filed one day late (the present appeal was Item 2 at the same meeting, but continued). Will those projects now also need CDP’s from the ZA? Particularly problematic without a CDP was the May 28, 2020 (ZA Item 3), approval of an installation on a streetlight in the approach to the Newport Island bridge, since the proposed construction will occur within less than 20 feet of coastal waters, which even under the Coastal Commission’s Repair and Maintenance crit eria in 14 CCR Section 13252 would likely disqualify it for a CDP exemption. Regarding the present resolution: 1.In Section 2.1 (page 22): The Class 3 (New Construction or Conversion of Small Structures) CEQA exemption seems much more relevant than Class 2 (Replacement or Reconstruction). In fact, Class 2 does not seem applicable, since the new structure will not “have substantially the same purpose and capacity as the structure replaced .” Although a portion of the existing facility is being replaced, it is f undamentally a conversion to accommodate and additional use. I would suggest the reference to Class 2 be deleted. 2.In Condition 11 (page 32), the reference to “43.57 feet above mean sea level using the North American Vertical Datum of 1988 ” needs to be clarified. “Above mean sea level” is not the same as NAVD88. The condition is either “43.57 feet above mean sea level” or “43.57 feet in the NAVD88 reference system.” It cannot be both. Since it only creates confusion, I would suggest deleting the f inal parenthetical portion of the condition.1 As to the appeal, although federal law may prohibit the City from denying the application based on residents’ concerns about electromagnetic radiation, the request that the applicant be insured against possible futu re claims related to that seems reasonable – if, for no other reason, to ensure the applicant can fulfill its responsibility under Condition 34 (page 35) to indemnify the City. 1 Page 132 indicates the ground level at the pole site is 8.82’ AMSL, as does page 130. Although the latter confusingly certifies “the elevations shown hereon are Above Mean Sea Level, North American Vertical Datum 1988 (NAVD 88),” they appear to be AMSL. In creating Condition 11, someone has evidently added the promised 34’ 9” (34.75’) to the 8.82’ AMSL to obtain 43.57’ AMSL (an approximate elevation of 46.2’ NAVD 88 per NOAA’s online VDATUM?). Planning Commission - July 9, 2020 Item No. 4a Additional Materials Received AT&T Small Cell SLC0796 Appeal (PA2019-111) AT&T Small Cell SLC0796 Public right-of-way at the northwestern corner of Balboa Boulevard and 30th Street Planning Commission Public Hearing July 9, 2020 Planning Commission - July 9, 2020 Item No. 4b Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) Community Development Department -Planning Division Background •City’s review limited by federal law •Aesthetics •Land use •Environmental impacts •February 12, 2019, CC authorized MLA with New Cingular Wireless, LLC for use of City-owned streetlights •April 16, 2020, Zoning Administrator approves MUP for installation on SLC0796 •April 28, 2020, appeal filed by Mark Pollock citing underlying issues with MLA •June 4, 2020, pulled from PC agenda for additional analysis 2 of 13 Planning Commission - July 9, 2020 Item No. 4b Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) Community Development Department -Planning Division SLC0796 Planning Commission - July 9, 2020 Item No. 4b Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) Community Development Department -Planning Division SLC0796 Planning Commission - July 9, 2020 Item No. 4b Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) Community Development Department -Planning Division Request •Remove SLC0796 •Replace in same location •Same luminaire height (light source) •Height increase from 30’-2” to 34’-9” •Antennas enclosed in screen •Support equipment vaulted below grade •Requires MUP for Class 3 Installation •Also requires CDP 5 of 13 Planning Commission - July 9, 2020 Item No. 4b Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) Community Development Department -Planning Division Design 6 of 13 Planning Commission - July 9, 2020 Item No. 4b Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) Community Development Department -Planning Division Rendering EXISTINGPROPOSED 7 of 13 Planning Commission - July 9, 2020 Item No. 4b Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) Community Development Department -Planning Division Alternative Sites SLC0796 Alt. #1 Alt. #5 Alt. #2 Alt. #3 Alt. #4 8 of 13 Planning Commission - July 9, 2020 Item No. 4b Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) Community Development Department -Planning Division Coverage EXISTINGPROPOSED 9 of 13 Planning Commission - July 9, 2020 Item No. 4b Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) Community Development Department -Planning Division Findings Consistent with LCP City-owned streetlight replacement Not impeding access Not impacting public view Not impacting coastal resources Consistent with ZC and GP Class 3 Installation Minimized visual intrusion Visual compatibility Blends with streetscape Large parkway area Complies with NBMC 20.49/21.49 standards <35 feet tall Concealed within pole and underground Alternative sites considered 10 of 13 Planning Commission - July 9, 2020 Item No. 4b Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) Community Development Department -Planning Division Conditions •COA#1 –Substantial conformance •COA#3 –Comply with local, state and federal laws •COA#5 –Replacement pole location •COA#6 –Replacement pole design •COA#7 –All equipment concealed •COA#8 –All wiring concealed •COA#11 –Height certification required •COA#13 –Maintenance required •COA#26 –Planning inspection required •COA#36 –Traffic control plans 11 of 13 Planning Commission - July 9, 2020 Item No. 4b Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) Community Development Department -Planning Division Recommendation •Conduct de novo public hearing •Find project exempt from CEQA •Adopt the Resolution to approve the CDP and to uphold ZA’s decision and approve the MUP 12 of 13 Planning Commission - July 9, 2020 Item No. 4b Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) Contact Questions?Benjamin M. Zdeba 949-644-3253 bzdeba@newportbeachca.gov www.newportbeachca.gov Community Development Department -Planning Division Planning Commission - July 9, 2020 Item No. 4b Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) © 2020 AT&T Intellectual Property. AT&T, Globe logo, and DIRECTV are registered trademarks and service marks of AT&T Intellectual Property and/or AT&T affiliated companies. All other marks are the property of their respective owners AT&T and Small Cells Enhancing our network to meet consumer demand today while preparing for the technologies and innovations of tomorrow. Judy Woolen / AT&T External Affairs Cory Autrey / Wireless Policy Group (AT&T Consultant) Franklin Orozco / Ericsson (AT&T Consultant) Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) 2 Small cells are critical to provide reliable wireless service •95% of Americans own a cellphone and 77% own a smartphone.1 •More than 62% of American households rely on wireless as their primary means of communication.2 •Public Safety: 80% of all 911 calls originate from cell phones.3 •Economic Development: 98% of small businesses rely on wireless technology.4 •Residents use smartphones, tablets, laptops at home —all drive the need for reliable and expanded connectivity 1. http://www.pewinternet.org/fact-sheet/mobile/ 2. https://www.cdc.gov/nchs/data/nhis/earlyrelease/wireless201605.pdf 3. https://www.nena.org/page/911Statistics 4. https://about.att.com/innovationblog/2019/01/restaurant_industry_5g_updates.html 5. https://smallbiztrends.com/2013/05/small-business-use-wireless.html AT&T Proprietary (Restricted) Only for use by authorized individuals or any above -designated team(s) within the AT&T companies and not for general distribution Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) AT&T and Small Cells / Month XX, 2020 / © 2020 AT&T Intellectual Property -AT&T Proprietary (Internal Use Only) © 2020 AT&T Intellectual Property. All rights reserved. AT&T, the AT&T logo and all other AT&T marks contained herein are trademarks of AT&T Intellectual Property and/ or AT&T affiliated companies. The information contained herein is not an offer, commitment, representation or warranty by AT&T and is subject to c hange. 3 Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) 4 Small cells and public safety: Helping save lives •Better Calls: Small cells provide better service by bolstering coverage and capacity. •Enhanced Network: Relieves congestion that often occurs during an emergency. •Faster Data: Allows for more information to be shared and accessed. •New life saving capabilities: •Quickly download building floorplans or blueprints. •Enable video -intensive applications such as bomb squad robotic video. •Provide real-time traffic information to determine the fastest route to an emergency scene. AT&T Proprietary (Restricted) Only for use by authorized individuals or any above -designated team(s) within the AT&T companies and not for general distribution Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) Network density must be upgraded to keep pace with surging demands for data. 5 AT&T and Small Cells / Month XX, 2020 / © 2020 AT&T Intellectual Property -AT&T Proprietary (Internal Use Only) Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) Ways to Increase Wireless Network Density 6 AT&T and Small Cells / Month XX, 2020 / © 2020 AT&T Intellectual Property -AT&T Proprietary (Internal Use Only) Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) Small cells are helping us keep up with rising consumer and business demand and prepare our network for the future. 7 AT&T and Small Cells / Month XX, 2020 / © 2020 AT&T Intellectual Property -AT&T Proprietary (Internal Use Only) Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) The Footprint or Service Area of a Site is Determined By Height and By Frequency Band Macrocell (4G LTE) The common form factor for wireless communication. Higher height and lower frequencies used result in the larger service area. 8 AT&T and Small Cells / Month XX, 2020 / © 2020 AT&T Intellectual Property -AT&T Proprietary (Internal Use Only) 0.5 to 20 miles 75 to 400 feet Current Small Cell (4G LTE) Uses the same frequencies as macrocells , in addition to utilizing unlicensed spectrum. Due to lower height, footprint is smaller. Increases density or coverage in target areas. Future Small Cell (5G) Very high frequencies enabled by future 5G technology will result in a smaller footprint, but can be used to meet the exponential increased density demand. These frequencies are not used for wireless service today. 30 to 60 feet 250 –1,000 ft 30 to 60 feet 100 ft Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) This photo depicts an example of what a small cell could look like. Actual size, shape and dimensions may vary by location. What is a Small Cell? Small Cell Radio Fiber 9 Small Cell Antenna A New Network Architecture is Needed Small cells are flexible, targeted network solutions that cover a radius up to 250 –1,000 feet and can be readily deployed to specific locations, including: •Where customers are prone to experience connectivity issues •Heavily populated areas that need more network density •Areas that can’t effectively be served by a traditional macro cell This allows us to provide a better LTE experience today while also allowing us to prepare for the technologies of the future such as 5G, smart cities and new developments in the Internet of Things ( IoT) Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) Small cells help to bring the network “closer” to its users to deliver increased data density, faster connectivity speeds and an overall better wireless experience. 10 AT&T and Small Cells / Month XX, 2020 / © 2020 AT&T Intellectual Property -AT&T Proprietary (Internal Use Only) Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) 11 Radio Frequency (RF) Safety and Small Cells AT&T Proprietary (Restricted) Only for use by authorized individuals or any above -designated team(s) within the AT&T companies and not for general distribution •The Federal Communications Commission (FCC) has set strict safety st andards for RF exposure across all wireless spectrum, including mmWave. •Those regulations were developed by expert scientists and engineers after extensive reviews of scientific literature related to RF biological effects and supported by other federal agencies. •Expert scientists and government agencies from organizations like the American Cancer Society, World Health Organization and FCC have stated repeatedly that wireless antennas operating in compliance with FCC regulations do not pose health concerns. •AT&T has a rigorous Radio Frequency (RF) safety program to ensure compliance with FCC requirements. Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) 12 Newport Beach and Small Cells •AT&T/New Cingular MLA approved by City Council February 2019 p ertaining to use of City Street Lights for Small Cell. •AT&T Mobility is the Manager of New Cingular Wireless PCS, LLC. •AT&T MLA Approved Designs. AT&T Proprietary (Restricted) Only for use by authorized individuals or any above -designated team(s) within the AT&T companies and not for general distribution Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) © 2018 AT&T Intellectual Property. AT&T, Globe logo, and DIRECTV are registered trademarks and service marks of AT&T Intellectual Property and/or AT&T affiliated companies. All other marks are the property of their respective owners. AT&T Small Cell Node Site ID: CRAN_RLOS_CSTAM_003 Alternative Sites Analysis City streetlight No. SCL0796 located at the northwest corner of West Balboa Boulevard and 30th Street, Newport Beach. Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) 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 Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) 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 Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) 16 Map of Small Cell Node CRAN_RLOS_CSTAM_003 and Alternative Sites On this aerial map, AT&T’s proposed Small Cell Node CSTAM_003 is designated by a red marker and the alternative sites are identified by yellow markers. Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) 17 Small Cell Node CRAN_RLOS_CSTAM_003 Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) 18 Alternative Site #1 Wood utility on West Balboa Blvd., north side of 30th Street. •Exposed equipment on cross arm •Difficult to screen •Underground assessment district •Visually more intrusive Alternative Site #2 City streetlight No. SLC0767 west side of West Balboa Blvd., south of 31st Street •Conflicts with existing overhead lines •ADA requirements issues Proposed Node City streetlight No. SLC0697 at the northwestern corner of West Balboa Blvd. and 30th Street. •Design meets city code •Existing palm trees and landscape buffer •Available utilities •Visually lest intrusive Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) 19 Alternative Site #4 City streetlight No. SLC0768 southwest corner of West Balboa Blvd and 31st Street. •Conflicts with existing overhead lines •ADA requirements issues Alternative Site #5 City streetlight No. SLC0766 west side of West Balboa Blvd, south of 30st Street •Conflicts with existing overhead lines •ADA requirements issues Alternative Site #3 Wood utility on northwest of West Balboa Blvd and 30th Street. •Exposed equipment on cross arm •Difficult to screen •Underground assessment district •Visually more intrusive Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111)