The URL can be used to link to this page

Home My WebLink About20200416_ZA_Staff ReportCITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT April 16, 2020 Agenda Item No. 4 SUBJECT: AT&T Small Cell SLC4653 (PA2019-115) Minor Use Permit No. UP2019-034 SITE LOCATION: Public Right-of-Way, City Streetlight Number SLC4653, on the north side of Bayside Drive approximately 900 feet northwest of El Paseo Drive. APPLICANT: New Cingular Wireless, LLC (d.b.a. AT&T) OWNER: City of Newport Beach PLANNER: Joselyn Perez, Assistant Planner 949-644-3312, jperez@newportbeachca.gov LAND USE AND ZONING x Public Right-of-Way (ROW) PROJECT SUMMARY A minor use permit to allow the installation of telecommunications equipment for a small cell wireless facility on a City-owned streetlight pole. Project implementation will be fully contained within the public right-of-way on Bayside Drive 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 27 feet, 5 inches; and (3) Establishment of new below-grade support equipment adjacent to the streetlight. 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 1 AT&T Small Cell SLC4653 (PA2019-115) Zoning Administrator, April 16, 2020 Page 2 Tmplt: 07/25/19 3) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No. UP2019-034 (Attachment No. ZA 1). BACKGROUND x 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 equipment to allow for the cellular or wireless transmission of data, making possible new concepts such as live chat, streaming video and music. Wireless data demand and consumption continues to grow, outpacing the capacity of the existing telecommunications infrastructure. x Small cell technology, like that proposed, is now being deployed across the country as a leading solution to resolve soaring data demand and make coverage more reliable. In contrast to traditional macro wireless sites (i.e., cell towers), small cells are able to advance a stronger signal over a small radius by the means of minimal equipment on existing infrastructure. The result is limited visual intrusion and the enhanced wireless network capacity which the City of Newport Beach’s residents, businesses, and visitors require. x The City of Newport Beach’s (“City”) regulatory review of wireless telecom siting is largely limited by three federal laws: The Communications Act of 1934, the Telecommunications Act of 1996 (Telecommunications Act) and a provision of the Middle-Class Tax Relief and Job Creation Act of 2012 (Spectrum Act). Together, these laws aim to facilitate and stimulate wireless infrastructure development and restrict certain aspects of local authority in review and permitting of cell sites such as time limits, location/colocation, and fees. On January 14, 2019, Federal Communications Commission (FCC) Declaratory Ruling and Order FCC 18-133 (Order) became effective. This directive further removed barriers to wireless infrastructure deployment and established “shot clocks” for processing small wireless facility applications at the local level. It also limited the City’s rights as a property owner, restricting the type and amount of fees the City can collect for private use of public property. x On February 12, 2019, the City Council authorized execution of a Master License Agreement (Master License) (Contract No. C-8584-1) with New Cingular Wireless PCS, LLC (AT&T). The Master License authorized non-exclusive use of City- owned streetlights to install telecommunications equipment for small cell facilities, and included –approved designs, fee and rent assessment, and changed City regulations for consistency with State and federal law. 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. 2 AT&T Small Cell SLC4653 (PA2019-115) Zoning Administrator, April 16, 2020 Page 3 Tmplt: 07/25/19 x 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. At the State level, the California Public Utility Council (CPUC) is the responsible regulatory agency for the rules of utility infrastructure, including telecommunications. The FCC exclusively sets and polices standards for radio frequency (RF) emissions of wireless service facilities. PROJECT SETTING AND DESCRIPTION x City of Newport Beach Streetlight No. SLC4653 is located in a vegetated parkway on the north side of Bayside Drive at the toe of a steep slope. The streetlight is located approximately 900 feet northwest of the intersection of Bayside Drive and El Paseo Drive (Attachment No. ZA 2). All abutting land uses are residential and vary in density from R-1 (Single-Unit Residential) in contiguous parcels to RM (Multiple Residential) across the street. x 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. ZA 3). This map indicates the proposed facility would boost the supply of capacity and coverage in the vicinity. x SLC4653 serves as a part of the City’s existing streetlight inventory. AT&T proposes to: (1) remove and replace SLC4653 with a new streetlight in the same location; (2) maintain the existing luminaire height of 21 feet, 1 inch; (3) install telecommunications equipment for a small cell wireless facility on top of the new streetlight pole resulting in an overall height of 27 feet, 5 inches; and (4) establish new below-grade support equipment adjacent to the streetlight, within the public right-of-way. Please see the Applicant’s Project Description and Justification as Attachment No. ZA 4. x The replacement streetlight pole design is consistent with the size, shape, style, and design of that existing, including the attached light arm and luminaire. Project plans are available for reference as Attachment No. ZA 6. For safety and circulation of the area during construction, Condition of Approval No. 36 included within the draft resolution requires traffic control plans illustrating compliance with the 2016 watchbook (temporary traffic control guidelines in construction work 3 AT&T Small Cell SLC4653 (PA2019-115) Zoning Administrator, April 16, 2020 Page 4 Tmplt: 07/25/19 areas) to be reviewed and approved by the Public Works Department prior to the issuance of any building permit. CONSISTENCY WITH LAND USE PLAN AND ZONING CODE x 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. x 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. x 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. x 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. 4 AT&T Small Cell SLC4653 (PA2019-115) Zoning Administrator, April 16, 2020 Page 5 Tmplt: 07/25/19 x From a Zoning Code perspective, Newport Beach Municipal Code (NBMC) Chapter 20.49 (Wireless Telecommunication Facilities) outlines State- and federally-compliant telecommunication facility development standards and details permit procedures based on facility “Class.” Class of a wireless facility is characterized by its installation type and location. Small cell facilities located on City-owned streetlights in the ROW is 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]). 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. In accordance with NBMC Section 20.30.100 (Public View Protection) and General Plan Natural Resources Policy NR 20.3 (Public Views), the location is not located within a protected public view corridor and, therefore, would not have any impact to public views. x 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 the 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 27-foot, 5-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. x Existing residential properties contiguous to the site are in the R-1 (Single-Unit Residential) Zoning District. R-1-zoned sites allow for principal dwellings up to 29 feet in height and for sloped roof elements with a minimum 3:12 pitch. The height of the existing streetlight SLC4653 sits well below the grade of the adjacent residences. The streetlight is separated from the R-1 residences by a 5 AT&T Small Cell SLC4653 (PA2019-115) Zoning Administrator, April 16, 2020 Page 6 Tmplt: 07/25/19 steeplandscaped downslope. Given the grade differential, the lower setting of the streetlight lessens visual obtrusion from the proposed small cell facility with the line of the existing development. Photographic visual simulations of the facility, depicting the existing and proposed conditions, have been prepared by the applicant and are included as Attachment No. ZA 5. x The streetlight being at the toe of a steep landscaped slope ensures that the proposed equipment will not be isolated or out of place. The backdrop of a steep, vegetated hillside provides adequate visual masking of the small cell facility into the project surroundings. x The project site is located within the coastal zone. It is between the first public roadway paralleling the sea; however, 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, 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 an impact on coastal views or coastal resources; therefore, a coastal development permit is not required. HEALTH AND SAFETY x 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 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 FCC Radio Frequency safety. ALTERNATIVE SITES CONSIDERED x Four 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). 6 AT&T Small Cell SLC4653 (PA2019-115) Zoning Administrator, April 16, 2020 Page 7 Tmplt: 07/25/19 x Alternative Site #1 at City Streetlight No. SLC4652 located on the north side of Bayside Drive, approximately 530 feet north of El Paseo Drive. Alternative Site #1 is located approximately 200 feet southeast of the proposed streetlight. This location is located within the vegetated parkway and is bounded by a retaining wall on three sides. The hillside abutting this alternative site is steep and rocky. Alternative Site #1 would likely have greater construction impacts than the proposed location as the hillside would require more grading in order to accommodate an expansion of the retaining walls which allow for the replacement of the streetlight and installation of associated pull boxes. x Alternative Site #2 at City Streetlight No. SLC4651 located on the north side of Bayside Drive, approximately 530 feet north of El Paseo Drive. Alternative Site #2 is located approximately 400 feet southeast of the proposed streetlight. Alternative Site #2 abuts a rocky hillside that is almost vertical in slope. The streetlight is bounded by a retaining wall on three sides. Alternative Site #2 would likely have greater construction impacts as the steeper hillside would require more grading and an expansion of the retaining walls in order to replace the streetlight and install associated pull boxes. x Alternative Site #3 at City Streetlight No. SLC4654 located on the north side of Bayside Drive, approximately 1100 feet north of El Paseo Drive. Alternative Site #3 is located approximately 200 feet northwest of the proposed streetlight. The site is located within the vegetated parkway and is bounded by a retaining wall on three sides. The hillside abutting this alternative site is steep and vegetated. Alternative Site #3 would likely have greater construction impacts than the proposed location as the hillside would require more grading in order to accommodate an expansion of the retaining walls which allow for the replacement of the streetlight and installation of associated pull boxes. x Alternative Site #4 at City Streetlight No. SLC4655 located on the north side of Bayside Drive, approximately 1300 feet north of El Paseo Drive. Alternative Site #4 is located approximately 400 feet northwest of the proposed streetlight. The streetlight is within a narrow space between the street curb and a pedestrian access stair. The limited space at this location for construction and equipment renders the location infeasible. x 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 7 AT&T Small Cell SLC4653 (PA2019-115) Zoning Administrator, April 16, 2020 Page 8 Tmplt: 07/25/19 accomplished with a traditional macro collocation or building mounted site in the area. 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 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 exemptions 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. PUBLIC NOTICE Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant, and posted on the subject streetlight pole at least 10 days before the scheduled hearing, 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. APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community Development within 14 days following the date of action. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. 8 AT&T Small Cell SLC4653 (PA2019-115) Zoning Administrator, April 16, 2020 Page 9 Tmplt: 07/25/19 Prepared by: BMZ/jp Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Alternative Locations Studied and Rejected ZA 4 Coverage Maps ZA 5 Applicant’s Project Description and Justification ZA 6 Photographic Visual Simulations ZA 7 Project Plans 9 Attachment No. ZA 1 Draft Resolution 10 RESOLUTION NO. ZA2020-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR USE PERMIT NO. UP2019-034 FOR A SMALL CELL FACILITY LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY ON CITY STREETLIGHT NUMBER SLC4653, ON THE NORTH SIDE OF BAYSIDE DRIVE, APPROXIMATELY 900 FEET NORTH OF EL PASEO DRIVE (PA2019-115). 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 SLC4653, located within the public right-of-way, on the north side of Bayside Drive approximately 900 feet northwest of El Paseo Drive, 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 Bayside Drive 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 27 feet, 5 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 subject location is within the coastal zone boundaries. It is between the first public roadway paralleling the sea; however, it is not on a coastal bluff or canyon, not adjacent to or within the viewshed of a public viewpoint, coastal view road, public park or beach, or public accessway, as identified on the Coastal Land Use Plan Map 4-3 (Coastal Views), and does not contain significant natural landforms or vegetation. The project scope involves the removal and replacement of an existing City streetlight in the same location with the same luminaire height. The project has been designed to blend within the existing streetscape. The replacement streetlight is consistent with the size, shape, style, and design of the existing pole. No above ground mounted equipment is proposed and the support equipment is proposed to be placed in underground handholes. All transmission equipment, including remote radio units and the raycap disconnect switch, are fully concealed within a screening shroud. The installation of a small cell wireless facility will not have an impact on coastal views or coastal resources; therefore, a coastal development permit is not required. 11 Zoning Administrator Resolution No. ZA2020-### Page 2 of 14 01-25-19 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: 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, 12 Zoning Administrator Resolution No. ZA2020-### Page 3 of 14 01-25-19 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 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 13 Zoning Administrator Resolution No. ZA2020-### Page 4 of 14 01-25-19 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 27-feet, 5-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) for the power supply to the small cell facility before construction of the facility is to commence. 5. Existing residential properties contiguous to the north of the site are in the R-1 (Single- Unit Residential) Zoning District. R-1-zoned sites allow for principal dwellings up to 29 feet in height and for sloped roof elements with a minimum 3:12 pitch. The existing residences across Bayside Drive to the southwest are zoned RM and are allowed a maximum height of up to 33 feet for sloped roof elements with a minimum 3:12 pitch. The height of the existing streetlight SLC4653 sits well below the grade of the adjacent R-1 residences. The streetlight is separated from the residences by a steep, landscaped, downslope. Given the grade differential, the lower setting of the streetlight lessens visual obtrusion from the proposed small cell facility with the line of the existing development. Photographic visual simulations of the facility, depicting the existing and proposed conditions, have been prepared by the Applicant. 6. The streetlight being at the toe of a steep landscaped slope ensures that the proposed equipment will not be isolated or out of place. The backdrop of a steep, vegetated, hillside provides adequate visual masking of the small cell facility into the project surroundings. 14 Zoning Administrator Resolution No. ZA2020-### Page 5 of 14 01-25-19 7. Submitted materials from the Applicant demonstrate the proposal would conform with Federal Communications Commission (FCC) Rules and Regulations regarding safety and radio frequency emissions. 8. 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. SLC4653 is located within a vegetated area within the public right-of-way along Bayside Drive, approximately 900 feet north of the intersection of Bayside Drive and El Paseo Drive. Single- and multi-family residential developments populate the site’s surrounding area more broadly. 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. SLC4653 serves as a part of the City’s existing streetlight inventory. AT&T proposes to remove and replace SLC4653 with a new streetlight in the same location while maintaining the existing luminaire height of 21 feet, 1-inch. The telecommunications equipment will be installed on top of the new streetlight pole resulting in an overall height of 27 feet, 5 inches. All supporting equipment will be installed below-grade 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 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. 15 Zoning Administrator Resolution No. ZA2020-### Page 6 of 14 01-25-19 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. 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 16 Zoning Administrator Resolution No. ZA2020-### Page 7 of 14 01-25-19 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 project site is located immediately adjacent to a residentially zoned property to the northeast however the physical residence at that property is setback from the property line approximately 115 feet and is separated from the right of way by a steep slope. Across Bayside Drive, approximately 50 feet west, there are additional residences zoned RM with grades that are approximately five feet below the grade of the proposed facility. The proposed replacement streetlight is located along the inland side of a well- traveled street and will blend in with the surrounding streetscape, existing light poles, and vegetated steep hillside. 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 27-foot, 5-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 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. 17 Zoning Administrator Resolution No. ZA2020-### Page 8 of 14 01-25-19 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. Four alternative streetlights neighboring the project were identified and investigated by the Applicant, but both sites were found not practicable. 3. Alternative Site #1 at City Streetlight No. SLC4652 is located approximately 200 feet southeast of the proposed streetlight. This location is also along the northside of Bayside Drive, in the vegetated parkway, and is bounded by a retaining wall on three sides. Alternative Site #1 would likely have greater construction impacts than the proposed location as the hillside would require more grading in order to accommodate an expansion of the retaining walls which allow for the replacement of the streetlight and installation of associated pull boxes. 4. Alternative Site #2 at City Streetlight No. SLC4651 is located approximately 400 feet southeast of the proposed streetlight. This location is also along the northside of Bayside Drive. Alternative Site #2 abuts a rocky hillside that is almost vertical in slope. The streetlight is bounded by a retaining wall on three sides. Alternative Site #2 would likely have greater construction impacts as the steeper hillside would require more grading and an expansion of the retaining walls in order to replace the streetlight and install associated pull boxes. 5. Alternative Site #3 at City Streetlight No. SLC4654 is located approximately 200 feet northwest of the proposed streetlight. This location is also along the northside of Bayside Drive. The site is located within the vegetated parkway and is bounded by a retaining wall on three sides. The hillside abutting this alternative site is steep and vegetated. Alternative Site #3 would likely have greater construction impacts than the proposed location as the hillside would require more grading in order to accommodate an expansion of the retaining walls which allow for the replacement of the streetlight and installation of associated pull boxes. 6. Alternative Site #4 at City Streetlight No. SLC4655 is located approximately 400 feet northwest of the proposed streetlight. The streetlight is within a narrow space between the street curb and a pedestrian access stairs. The limited space at this location for construction and equipment renders the location infeasible. Finding: 18 Zoning Administrator Resolution No. ZA2020-### Page 9 of 14 01-25-19 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. UP2019-034, 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. PASSED, APPROVED, AND ADOPTED THIS 16TH OF APRIL, 2020. _____________________________________ Jaime Murillo, Zoning Administrator 19 Zoning Administrator Resolution No. ZA2020-### Page 10 of 14 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 street light 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 27 feet, 5-inches (27’ 5”) in height from existing grade (maximum elevation height of 42.06 feet above mean sea level using the North American Vertical Datum of 1988 [NAVD88]). 20 Zoning Administrator Resolution No. ZA2020-### Page 11 of 14 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 the carrier 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. 21 Zoning Administrator Resolution No. ZA2020-### Page 12 of 14 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. UP2019-034 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. 22 Zoning Administrator Resolution No. ZA2020-### Page 13 of 14 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 SLC4654, including, but not limited to, Minor Use Permit No. UP2019-034 (PA2019-115). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 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 23 Zoning Administrator Resolution No. ZA2020-### Page 14 of 14 01-25-19 construction vehicles shall be minimized by proper use of traffic control equipment and flagman. 24 Attachment No. ZA 2 Vicinity Map 25 VICINITY MAP Minor Use Permit No. UP2019-034 PA2019-115 Public Right-of-Way, City Streetlight Number SLC4653, on the north side of Bayside Drive approximately 900 feet northwest of El Paseo Drive Subject Streetlight 26 Tmplt: 07/25/19 Attachment No. ZA 3 Alternative Locations Studied and Rejected 27 @FDEL? #)!!),!'$%')04?2!$!$$2# ''()')'"' (#('-"' ($? #)!!),!'$%')0#8$'?!)$"%#(4!!$)'"' (')%'$%')0$)''(%*-$.#'(4?"!!!!) 3: ::DGL!)'#*-)(#!0(('EF2FDFD)0()')!)$4 HJIG!$)$#)#$')($0('-2%%'$/")!0MDD)#$').()$!($'-2.%$')428 F " " "%(* #)('!"%2?5(%'$%$("!!!!$:DGL((#)0'"' '#)!)'#*-()('#*00!!$."' '(429 G " " "%(*• ?($"")))$%'$-##"%'$-#.'!(()!$"",#)$#(('-(#()')')()'$,$,)))0$.%$')4•)' )# $#()',) )'*$#!"'$ !*(2? ($$(# )$%!$0 -'0 ("!! !*(2!! 6("!! !!(27)) # #()!! $# ,*!)0#'()',),'# ) %,! ')9$9.04•("!! !! ( !$.9%$.' !! ()2 .2 .# '$,% .) $)' ("!! !!(2 # %'$-$-' # '( .' )'*$#!"'$ .'!((!*( ' ($,'4•"!! !!('*- )$$!( )$%'$-#"%'$-'*!.'!((('-(.)"#"!"%)40%!#("!!!!(#'(.'?5(/(*#!*('$#()'##.'?/%'#(#).$' )'2?#'((/(*##$'()"#(4•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 $)$",!*$#$'$%$("!!!!31 I; !)'#*-)AE()0()')!)#)%,!')9$9.04()(!$)%%'$/")!0FDD)($,)()$)%'$%$(()4; /(*#()')!)(#))$()%!!(#($,#0')##.!!$#)'((4; ()%'!!())(!$*$#.$,!" ),!))$'%!)()')!)##()!!'&,'%,!!$/($')("!!!!4; $#()',*$#))(!$*$#(! !0)$#')')'"%))$)!!(.)*$#!'##/%#($#')##.!!(4; ("!!!!))(!)'#*-().$,!"$'#)',(-)#)%'$%$(#$4 " " "%(*! #&)0()')!)$4 HJIF!$)$#)#$')($0('-2%%'$/")!0KED)#$')$!($'-432 J; !)'#*-)AF()0()')!)#)%,!')9$9.04()(!$)%%'$/")!0HDD)($,)()$)%'$%$(()4; /(*#()')!)(#))$()%!!(#($,#0')##.!!$#)'((4; ()%'!!())(!$*$#.$,!" ),!))$'%!)()')!)##()!!'&,'%,!!$/($')("!!!!4; $#()',*$#))(!$*$#(! !0)$#')')'"%))$)!!(.)*$#!'##/%#($#')##.!!(4; ("!!!!))(!)'#*-().$,!"$'#)',(-)#)%'$%$(#$4 " " "%(*! #')0()')!)$4 HJIE!$)$#)#$')($0('-2%%'$/")!0IGD)#$')$!($'-433 K; !)'#*-)AG()0()')!)#)%,!')9$9.04()(!$)%%'$/")!0FDD)#$').()$)%'$%$(()4; /(*#()')!)(#))$()%!!(#($,#0')##.!!$#)'((4; ()%'!!())(!$*$#.$,!" ),!))$'%!)()')!)##()!!'&,'%,!!$/($')("!!!!4; $#()',*$#))(!$*$#(! !0)$#')')'"%))$)!!(.)*$#!'##/%#($#')##.!!(4; ("!!!!))(!)'#*-().$,!"$'#)',(-)#)%'$%$(#$4 " " "%(*! #()0()')!)$4 HJIH!$)$#)#$')($0('-2%%'$/")!0EEDD)#$')$!($'-434 L; !)'#*-)AH()0()')!)#)%,!')9$9.04()(!$)%%'$/")!0HDD)#$').()$)%'$%$(()4; ()')!)(.)##''$.(%).#)()'),'#%()'#((()'(4!")(%))(!$*$#" ()#(!)$'%!)()')!)$')%'$%$(#$4; ("!!!!))(!)'#*-().$,!"$'#)',(-)#)%'$%$(#$4 " " "%(*! #))0()')!)$4 HJII!$)$#)#$')($0('-2%%'$/")!0EGDD)#$')$!($'-435 M'$%$("!!!!$: ::DGL• %'$%$(("!!!!#$: ::DGL(##)'!%')$#$-'!!("!!!!($!,*$#)$!%!$(?5((##)('-$-'%#)(%$'*$#$.%$')4• %'$%$(("!!!!.!!%'$-.'!(()!$"",#*$#(('-#()')')()$)''(#)(?-()$'(4• %'$%$(("!!!!()()-!!#!()#)',(-"#()$!%?%'$-#"%'$-'*!.'!((('-(#)(,''$,##'(2#!$.9%$.'2!$.9%'$!&,%"#))$,*!)0#'()',),'#)%,!')9$9.04• ,($'%!"#)()')!)!!$.(()!)(#$')%'$%$(&,%"#)##)##4• %'$%$(#()!!*$#.!!##.'!(($"",#*$#.))!()-(,!"%))$)$"",#)0436 Attachment No. ZA 4 Coverage Maps 37 © 2016 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property.AT&T Proprietary (Internal Use Only) Not for use or disclosure outside the AT&T companies except under written agreement.AT&T Coverage Maps* Small Cell node CRAN_RLOS_CSTAM_HBNPB_038*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.38 LTE 1900_Coverage without Small cell© 2016 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property. AT&T Proprietary (Internal Use Only) Not for use or disclosure outside the AT&T companies except under written agreement.Macro siteProposed small cell Nodes39 LTE 1900_Coverage with Small cell© 2016 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property. AT&T Proprietary (Internal Use Only) Not for use or disclosure outside the AT&T companies except under written agreement.Macro siteProposed small cell Nodes40 Attachment No. ZA 5 Applicant’s Project Description and Justification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• !#* "&$ !"(#'(&( (1 • "'( (#"#'" #!"6&(#" "(""1 • "'( (#"##)&&!#(&#)"('"&-$'#""('+(+("'&#)1 •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ttachment No. ZA 6 Photographic Visual Simulations 45 NEW BELOW GRADE HANDHOLESNEW REPLACED 9.25" DIASTREETLIGHT, TOTAL HEIGHT 27'-5"INCLUDING SHROUD AND ANTENNANEW 12" DIA EQUIPMENT SHROUD WITHRADIOS AND RAYCAP DISCONNECTMOUNTED TO REPLACED STREETLIGHTNEW ANTENNAMOUNTED ON NEWEQUIPMENT SHROUDStreetlight No. SCL4653, North side of Bayside Drive, Approx. 900' North of El Paseo Drive, Corona Del Mar, CA 9266046 NEW BELOW GRADE HANDHOLESNEW REPLACED 9.25" DIASTREETLIGHT, TOTAL HEIGHT 27'-5"INCLUDING SHROUD AND ANTENNANEW 12" DIA EQUIPMENT SHROUD WITHRADIOS AND RAYCAP DISCONNECTMOUNTED TO REPLACED STREETLIGHTNEW ANTENNAMOUNTED ON NEWEQUIPMENT SHROUDStreetlight No. SCL4653, North side of Bayside Drive, Approx. 900' North of El Paseo Drive, Corona Del Mar, CA 9266047 NEW 12" DIA EQUIPMENT SHROUD WITHRADIOS AND RAYCAP DISCONNECTMOUNTED TO REPLACED STREETLIGHTNEW ANTENNAMOUNTED ON NEWEQUIPMENT SHROUDNEW REPLACED 9.25" DIASTREETLIGHT, TOTAL HEIGHT 27'-5"INCLUDING SHROUD AND ANTENNANEW BELOW GRADE HANDHOLESStreetlight No. SCL4653, North side of Bayside Drive, Approx. 900' North of El Paseo Drive, Corona Del Mar, CA 9266048 Attachment No. ZA 7 Project Plans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',5(&7,216)520$7 72)),&(',5(&7,21$5(7$.(1)520(',1*(5$9(7867,1&$ 7851/()72172(',1*(5$9( 7851/()721726 7$.((;,7$72:$5'67$7(5287( 7$.((;,772:$5'-$0%25((5' 78515,*+72172-$0%25((5' 7851/()72172%$<6,'('5&2'(&203/,$1&($//:25.$1'0$7(5,$/66+$//%(3(5)250('$1',167$//(',1$&&25'$1&(:,7+7+(&855(17(',7,2162)7+()2//2:,1*&2'(6$6$'237('%<7+(/2&$/*29(51,1*$87+25,7,(6127+,1*,17+(6(3/$16,672%(&216758&7('723(50,7:25.127&21)250,1*727+(6(&2'(6 &$/,)251,$$'0,1,675$7,9(&2'( &$/,)251,$%8,/',1*&2'( &$/,)251,$(/(&75,&&2'( &$/,)251,$0(&+$1,&$/&2'( &$/,)251,$3/80%,1*&2'( &$/,)251,$),5(&2'( $1</2&$/%8,/',1*&2'($0(1'0(176727+($%29( &,7<&2817<25',1$1&(6 1(&1$7,21$/(/(&75,&&2'( &$/,)251,$75$)),&&21752//$1(&/2685(6087&'+$1',&$35(48,5(0(176)$&,/,7<,6810$11('$1'127)25+80$1+$%,7$7,21+$1',&$33('$&&(661275(48,5(',1$&&25'$1&(:,7+&$/,)251,$$'0,1,675$7,9(67$7(&2'(3$577,7/(&+$37(5%6(&7,21%' 1(:3257%($&+'(7$,/675$)),&&21752/3/$17&36+((77,7/(6+((7126&(6&(6&(),1$/'(6,*16&(6&(),1$/'(6,*16&(),1$/'(6,*1'/80,1$,5(63(&,),&$7,21*1*(1(5$/127(6$6,7(3/$1$$&&85$&<&(57,),&$7,21$'$37(53/$7('(7$,/6675$)),&&21752/3/$17&375$)),&&21752/3/$17&3&,7<127(&21&5(7()281'$7,21&217,18286,163(&7,2163(&,$/,163(&7,2175$)),&&21752/3/$16$5(12772%(86(')25&216758&7,21$1'1(:7&3:,//%(68%0,77('$1'$33529('$63$572)7+((1&52$&+0(173(50,7$33/,&$7,2150 $$&&85$&<&(57,),&$7,2176+((77,7/(6+((7180%(5,7,6$9,2/$7,212)/$:)25$1<3(562181/(667+(<$5($&7,1*81'(57+(',5(&7,212)$/,&(16('352)(66,21$/(1*,1((572$/7(57+,6'2&80(17'5$:1%<&+(&.('%< 00(*6,7(,'+%13%B$&,7<675((7/,*+7126/&1257+6,'(2)%$<6,'('5,9($3352; 12)(/3$6(2'5,9(&2521$'(/0$5&$&200(5&(67(,59,1(&$$ &216758&7,215(9 '$7( '(6&5,37,21% &216758&7,21& &216758&7,21' 5(9,6,21( &' '5(9,6(') &' '5(9,6('* &216758&7,21+ &,7<&200(176, &' 65(9,6('(',1*(5$9(7867,1&$51 *(1(5$/127(6*16+((77,7/(6+((7180%(5,7,6$9,2/$7,212)/$:)25$1<3(562181/(667+(<$5($&7,1*81'(57+(',5(&7,212)$/,&(16('352)(66,21$/(1*,1((572$/7(57+,6'2&80(17'5$:1%<&+(&.('%< 00(*6,7(,'+%13%B$&,7<675((7/,*+7126/&1257+6,'(2)%$<6,'('5,9($3352; 12)(/3$6(2'5,9(&2521$'(/0$5&$&200(5&(67(,59,1(&$$ &216758&7,215(9 '$7( '(6&5,37,21% &216758&7,21& &216758&7,21' 5(9,6,21( &' '5(9,6(') &' '5(9,6('* &216758&7,21+ &,7<&200(176, &' 65(9,6(''$7(6,*1('(;3,5$7,21'$7((',1*(5$9(7867,1&$$%%5(9,$7,216*(1(5$/127(6$%%5(9,$7,2161(:3257%($&+*(1(5$/127(652 6,7(6859(<7232*5$3+,&6859(<&5$1B5/26B+%13%B5(9'(6&5,37,21'$7( %<&&+$5/(6/6&277,,,3/6(;35HJLVWUDWLRQ1RLQWKH6WDWHRI&DOLIRUQLD(5,&6621&200(5&(67(,59,1(&$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ȭ2)132/(72ȭ2)(/3$6(2'53$5.,1*/27 &)52:(6,'(:$/.7<3 &)&/52:&)52:%$<6,'('5127( ,)',0(16,2166+2:1213/$1'21276&$/(&255(&7/<&+(&.)255('8&7,2125(1/$5*(0(17)52025,*,1$/3/$16 &2175$&7256729(5,)<68%6758&785(/2&$7,21635,2572$1<(;&$9$7,21 $//&21'8&7256:,5(6 &21'8,76+$//%(,167$//(',1$1($7 7,'<)$6+,21$//(;&(66:,5(6/$&.,672%(5(029(' +,''(1$608&+$63266,%/( $//1(:/<,167$//('(48,30(176+$//%(3$,17('720$7&+(;,67,1*32/( 256855281',1*681/(66352+,%,7('3(50$18)$&785(5 1(:),%(5&21'8,772%(678%%('2872)1(:32/()227,1*%<$3352; 32:(56833/<$1'581$5(3(56&(),1$/'(6,*1 :+(5(5(029('25'$0$*('%<&216758&7,21$//&85%*877(5$1'6,'(:$/.6+$//%(5(3/$&(',1(17,5(6(&7,216%(7:((1(;3$16,21-2,176 $//&216758&7,21'(7$,/6)255(3/$&(0(176(&7,2166+$//%(3(5&,7<2)1(:3257%($&+67$1'$5''5$:,1*6(&,7<2)1(:3257%($&+&21&5(7(675((7/,*+76/&72%(5(029(' 5(3/$&(':1&,7<2)1(:3257%($&+&21&5(7(675((7/,*+7:((48,30(17$76$0(/2&$7,21%<$7 7(9$8/7(3$5.:$<7<3(6,'(:$/.7<3(3$5.:$<7<3(&$7&+%$6,1(;,67,1*:$7(568%6758&785(/,1( 1(ȭ%$<6,'('5,9((6/23()7&/&)52:&)52: &/&)52:52:127( 5(3$,177+(3$,17('&85%6,)'$0$*('25,)'(750,1('1(&(66$5<%<7+(38%/,&:25.6,163(&725 3527(&77+((;,67,1*675((775(($1'&$7&+%$6,1,13/$&((;,67,1*(/(&75,&68%6758&785(/,1(9$5,(66&)(;,67,1*:$67(:$7(568%6758&785(/,1( 6ȭ2)%$<6,'('5(;,67,1**$668%6758&785(/,1( 6&) '((3(75((7<3(&$7&+%$6,1 )70$;(6/23((&,7<2)1(:3257%($&+&21&5(7(675((7/,*+76/&72%(5(029(' 5(3/$&(',16$0(/2&$7,21:1&21&5(7(675((7/,*+7:1(48,30(176'18*),%(5581)5201),%(5+$1'+2/(721&21&5(7(675((7/,*+7%<$7 76((127('1),%(5+$1'+2/(72%(,167$//('%(/2:*5$'(%<$7 7:,5(/,1(81'(56(3$5$7(3(50,7'(/$1'6&$3(5(6,'(17,$/3523(57<(8*6&(9$8/79$1'352326('32:(532&6((127(352326(' 8*32:(558175(1&+('25%25(')520(6&(9$8/79721+$+$1'+2/(%<$7 76((127(%<$7 71 8*32:(5581)5201+$+$1'+2/(%<$7 7721:75+$1'+2/(%<$7 7'1+$+$1'+2/(72%(,167$//('%(/2:*5$'(%<$7 7'%$<6,'('51 8*32:(5581%25()5201:75+$1'+2/(%<$7 7721675((7/,*+71:75+$1'+2/(72%(,167$//('%(/2:*5$'(%<$7 7 ('5,9(:$<7<3' )520ȭ2)132/(72ȭ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Ȃ60$;,080',6&+$5*(&855(17>,0$;@3(5,(&.$Ȃ60$;,080&217,1828623(5$7,1*92/7$*(>8&@0&29992/7$*(3527(&7,21/(9(/>83@3(5,(&992/7$*(3527(&7,215$7,1*935.$68335(66,217(&+12/2*<0293527(&7,2102'(6'8$/02'(/,1(721(875$/1(875$/72*5281'&211(&7,217(50,1$/ &2035(66,21/8*$:*007(50,1$/%/2&.$:*00(19,5210(17$/,1*5(663527(&7,21,35$7,1* 1(0$;23(5$7,217(03(5$785( &&72&6725$*(7(03(5$785( &&72&(1&/2685(7<3(287'22532/<&$5%21$7( 8/95$7('(1&/2685(',0(16,21 /î:î+;;>îî00@:(,*+7 /%6>.*@675,.(625%02'8/(6$5(&203/,$17727+()2//2:,1*685*(3527(&7,9('(9,&(63'67$1'$5'68/7+(',7,21,(&(1,(((&,(((&,(((&1(0$/6&(57,),&$7,218/9'(&((/(&75,&$/$9$,/$%/()520(;&(/6,*1$1''(&$/KWWSZZZZHQHHGVLJQVFRPKRPHSKS"FDO$1'&/,&.21$7 73+1'&;127,&('(&$/)RU)RRW'LVWDQFH9,1</'(&$/:,7+$'+('6,9(%$&.,1*3ODFH127,&(VWLFNHUDWWKHERWWRPRIWKHIURQWRIWKHUDGRPHRIHDFKDQWHQQD&29(5)($785(6x67$1'$5'/2$'5$7,1*/%6:+((//2$'21[3/$7(x%2/7'2:1/2&$7,216x67$,1/(6667((/%2;,16(576x32/<0(5&21&5(7(&216758&7,21x1216.,'685)$&(67$1'$5'x.72%((0%266('21&29(5x$3352;,0$7(:(,*+7 /%6&29(5)($785(6x32/<0(5&21&5(7(&216758&7,21x/,*+7:(,*+7x67$&.$%/()227x$3352;:(,*+7/%61216.,'67$1'$5'[1$0(3/$7(5(&(663//,)73,163/$17,7+()77$03(55(6,67$17+$5':$5(%2/7'2:163/[+(;%2/73/($(1'25$33529('(48$/(5,&66215$',2*$/7521,&6201,$17(11$5$<&$3',6&211(&7201,$17(11$',6&/$,0(5/$%(/$7 702%,/,7<)86('',6&211(&7+$1'+2/((5,&662102817,1*%27+6,'(65$<&$3326,7,21$&/2$'&(17(5293237,21$/723)5217%27720',0(16,216:['[+[&2006&23(6&&0(&+$1,&$/63(&,),&$7,216:(,*+7 /%6.*02817,1* 028176727232)32/((5,&66215$',2(48,30(176+528'',0(16,216:['[+[[,1&/8',1*02817,1*%5$&.(7$1'(67+(7,&)5217&29(5(5,&66210,&525$',20(&+$1,&$/63(&,),&$7,21692/80($1':(,*+7 /,75(6$1'NJOEV02817,1* :$//$1'32/(02817,17(5)$&(63(&,),&$7,216$17(11$32576 [)(;7(51$/$/$50 32:(56833/< 9&'259$&(/(&75,&$/63(&,),&$7,216&35, [*ESV(;&+$1*($%/(6)302'8/(6237,&$/,1',&$7256 ),(/'*5281' )52176,'(723%$&.(5,&662132:(5287387:$7760$;0$;+($7',66,3$7,21 :$7760,1,080$&)86(5$7,1* $036&(810(7(5(')86('3$1(/58 6+((77,7/(6+((7180%(5,7,6$9,2/$7,212)/$:)25$1<3(562181/(667+(<$5($&7,1*81'(57+(',5(&7,212)$/,&(16('352)(66,21$/(1*,1((572$/7(57+,6'2&80(17'5$:1%<&+(&.('%< 00(*6,7(,'+%13%B$&,7<675((7/,*+7126/&1257+6,'(2)%$<6,'('5,9($3352; 12)(/3$6(2'5,9(&2521$'(/0$5&$&200(5&(67(,59,1(&$$ &216758&7,215(9 '$7( '(6&5,37,21% &216758&7,21& &216758&7,21' 5(9,6,21( &' '5(9,6(') &' '5(9,6('* &216758&7,21+ &,7<&200(176, &' 65(9,6(''$7(6,*1('(;3,5$7,21'$7((',1*(5$9(7867,1&$'(7$,/6'32/(02817('6,*1612786('12786('$17(11$6,*1$*((0(5*(1&<&217$&76,*13OHDVH5HIHUHQFH6LWH,'3KRQH(PDLODWWWRZHUV#DWWFRP,QFDVHRI(PHUJHQF\&RQWDFW$7 772:(566LWH,')&&,'6WD\%DFN5DGLRIUHTXHQF\HQHUJ\PD\H[FHHGH[SRVXUHOLPLWV,ITXHVWLRQVFRQWDFWIDFLOLW\RZQHU*&72$''2:1(5,1)250$7,21'(&$/726,*13KRQH(PDLODWWWRZHUV#DWWFRP:,1'%5($.(5%5$&.(76<67(0675((7/,*+732/(67((/%$1',1*.,7:%$11(5$507<3723 %2772072&203/<:,7+&,7<%$11(532/,&</:,1'/2$'03+)8785(%<27+(56%$11(5$17,*5$)),7,&2$7,1*216,*1$17,*5$)),7,&2$7,1*216,*11(:)281'$7,2159 6+((77,7/(6+((7180%(5,7,6$9,2/$7,212)/$:)25$1<3(562181/(667+(<$5($&7,1*81'(57+(',5(&7,212)$/,&(16('352)(66,21$/(1*,1((572$/7(57+,6'2&80(17'5$:1%<&+(&.('%< 00(*6,7(,'+%13%B$&,7<675((7/,*+7126/&1257+6,'(2)%$<6,'('5,9($3352; 12)(/3$6(2'5,9(&2521$'(/0$5&$&200(5&(67(,59,1(&$$ &216758&7,215(9 '$7( '(6&5,37,21% &216758&7,21& &216758&7,21' 5(9,6,21( &' '5(9,6(') &' '5(9,6('* &216758&7,21+ &,7<&200(176, &' 65(9,6(''$7(6,*1('(;3,5$7,21'$7((',1*(5$9(7867,1&$&,7<2)1(:3257'(7$,/6'12786('12786('6,'(:$/.'(7$,/75(1&+5(685)$&,1*52$':$<75(1&+025$725,8075(1&+3$5.:$<75(1&+/80,1$,5($77$&+0(17%$&.9,(:%277209,(:127(6(&85/< 7,*+7(1 %2/76 72 )7/%6 %< $/7(50$7,1*)520 %2/76 72 %2/76 ,1(48$/0($685('$0281762) 72548( 72 $92,'&52667+5($',1*'60 6+((77,7/(6+((7180%(5,7,6$9,2/$7,212)/$:)25$1<3(562181/(667+(<$5($&7,1*81'(57+(',5(&7,212)$/,&(16('352)(66,21$/(1*,1((572$/7(57+,6'2&80(17'5$:1%<&+(&.('%< 00(*6,7(,'+%13%B$&,7<675((7/,*+7126/&1257+6,'(2)%$<6,'('5,9($3352; 12)(/3$6(2'5,9(&2521$'(/0$5&$&200(5&(67(,59,1(&$$ &216758&7,215(9 '$7( '(6&5,37,21% &216758&7,21& &216758&7,21' 5(9,6,21( &' '5(9,6(') &' '5(9,6('* &216758&7,21+ &,7<&200(176, &' 65(9,6('(',1*(5$9(7867,1&$&,7<2)1(:3257/80,1$,5(63(&,),&$7,216')255()(5(1&(21/<61 6+((77,7/(6+((7180%(5,7,6$9,2/$7,212)/$:)25$1<3(562181/(667+(<$5($&7,1*81'(57+(',5(&7,212)$/,&(16('352)(66,21$/(1*,1((572$/7(57+,6'2&80(17'5$:1%<&+(&.('%< 00(*6,7(,'+%13%B$&,7<675((7/,*+7126/&1257+6,'(2)%$<6,'('5,9($3352; 12)(/3$6(2'5,9(&2521$'(/0$5&$&200(5&(67(,59,1(&$$ &216758&7,215(9 '$7( '(6&5,37,21% &216758&7,21& &216758&7,21' 5(9,6,21( &' '5(9,6(') &' '5(9,6('* &216758&7,21+ &,7<&200(176, &' 65(9,6('(',1*(5$9(7867,1&$32/('(7$,/66)255()(5(1&(21/<32/('(7$,/62 6+((77,7/(6+((7180%(5,7,6$9,2/$7,212)/$:)25$1<3(562181/(667+(<$5($&7,1*81'(57+(',5(&7,212)$/,&(16('352)(66,21$/(1*,1((572$/7(57+,6'2&80(17'5$:1%<&+(&.('%< 00(*6,7(,'+%13%B$&,7<675((7/,*+7126/&1257+6,'(2)%$<6,'('5,9($3352; 12)(/3$6(2'5,9(&2521$'(/0$5&$&200(5&(67(,59,1(&$$ &216758&7,215(9 '$7( '(6&5,37,21% &216758&7,21& &216758&7,21' 5(9,6,21( &' '5(9,6(') &' '5(9,6('* &216758&7,21+ &,7<&200(176, &' 65(9,6('(',1*(5$9(7867,1&$$'$37(53/$7('(7$,/66)255()(5(1&(21/<$'$37(53/$7('(7$,/63 6+((77,7/(6+((7180%(5,7,6$9,2/$7,212)/$:)25$1<3(562181/(667+(<$5($&7,1*81'(57+(',5(&7,212)$/,&(16('352)(66,21$/(1*,1((572$/7(57+,6'2&80(17'5$:1%<&+(&.('%< 00(*6,7(,'+%13%B$&,7<675((7/,*+7126/&1257+6,'(2)%$<6,'('5,9($3352; 12)(/3$6(2'5,9(&2521$'(/0$5&$&200(5&(67(,59,1(&$$ &216758&7,215(9 '$7( '(6&5,37,21% &216758&7,21& &216758&7,21' 5(9,6,21( &' '5(9,6(') &' '5(9,6('* &216758&7,21+ &,7<&200(176, &' 65(9,6(''$7(6,*1('(;3,5$7,21'$7((',1*(5$9(7867,1&$(/(&75,&$/'(7$,/6(3,&23/80%,1*',$*5$0xxxxxx12786('6,1*/(/,1(',$*5$0*5281',1*6&+(0$7,&675,.(625%93527(&7,21',6&211(&76:,7&+&211(&7,21)2532:(5,1-803(5*5281'&211(&7,216$03&,5&8,7%5($.(56&+$66,6*5281'&211(&7,21'($')5217)25/,9(&20321(176%5($.(56&+('8/('(5,&6621(5,&6621''''(5,&6621''(5,&6621''''127(6$$'$$64 6+((77,7/(6+((7180%(5,7,6$9,2/$7,212)/$:)25$1<3(562181/(667+(<$5($&7,1*81'(57+(',5(&7,212)$/,&(16('352)(66,21$/(1*,1((572$/7(57+,6'2&80(17'5$:1%<&+(&.('%< 00(*6,7(,'+%13%B$&,7<675((7/,*+7126/&1257+6,'(2)%$<6,'('5,9($3352; 12)(/3$6(2'5,9(&2521$'(/0$5&$&200(5&(67(,59,1(&$$ &216758&7,215(9 '$7( '(6&5,37,21% &216758&7,21& &216758&7,21' 5(9,6,21( &' '5(9,6(') &' '5(9,6('* &216758&7,21+ &,7<&200(176, &' 65(9,6('(',1*(5$9(7867,1&$(/(&75,&$/'(7$,/66&()255()(5(1&(21/<),1$/32:(565 6+((77,7/(6+((7180%(5,7,6$9,2/$7,212)/$:)25$1<3(562181/(667+(<$5($&7,1*81'(57+(',5(&7,212)$/,&(16('352)(66,21$/(1*,1((572$/7(57+,6'2&80(17'5$:1%<&+(&.('%< 00(*6,7(,'+%13%B$&,7<675((7/,*+7126/&1257+6,'(2)%$<6,'('5,9($3352; 12)(/3$6(2'5,9(&2521$'(/0$5&$&200(5&(67(,59,1(&$$ &216758&7,215(9 '$7( '(6&5,37,21% &216758&7,21& &216758&7,21' 5(9,6,21( &' '5(9,6(') &' '5(9,6('* &216758&7,21+ &,7<&200(176, &' 65(9,6('(',1*(5$9(7867,1&$(/(&75,&$/'(7$,/66&()255()(5(1&(21/<),1$/32:(566 6+((77,7/(6+((7180%(5,7,6$9,2/$7,212)/$:)25$1<3(562181/(667+(<$5($&7,1*81'(57+(',5(&7,212)$/,&(16('352)(66,21$/(1*,1((572$/7(57+,6'2&80(17'5$:1%<&+(&.('%< 00(*6,7(,'+%13%B$&,7<675((7/,*+7126/&1257+6,'(2)%$<6,'('5,9($3352; 12)(/3$6(2'5,9(&2521$'(/0$5&$&200(5&(67(,59,1(&$$ &216758&7,215(9 '$7( '(6&5,37,21% &216758&7,21& &216758&7,21' 5(9,6,21( &' '5(9,6(') &' '5(9,6('* &216758&7,21+ &,7<&200(176, &' 65(9,6('(',1*(5$9(7867,1&$(/(&75,&$/'(7$,/66&()255()(5(1&(21/<),1$/32:(567 %,.(7$3(5 7(03123$5.,1 *75$)),&&21752/3/$17&6+((77,7/(6+((7180%(5,7,6$9,2/$7,212)/$:)25$1<3(562181/(667+(<$5($&7,1*81'(57+(',5(&7,212)$/,&(16('352)(66,21$/(1*,1((572$/7(57+,6'2&80(17'5$:1%<&+(&.('%< 00(*6,7(,'+%13%B$&,7<675((7/,*+7126/&1257+6,'(2)%$<6,'('5,9($3352; 12)(/3$6(2'5,9(&2521$'(/0$5&$&200(5&(67(,59,1(&$$ &216758&7,215(9 '$7( '(6&5,37,21% &216758&7,21& &216758&7,21' 5(9,6,21( &' '5(9,6(') &' '5(9,6('* &216758&7,21+ &,7<&200(176, &' 65(9,6(''$7(6,*1('(;3,5$7,21'$7((',1*(5$9(7867,1&$75$)),&&21752/3/$1127(6 $//75$)),&&21752/'(9,&(66+$//&21)250727+(/$7(67(',7,212)7+(&$/,)251,$0$18$/2181,)25075$)),&&21752/'(9,&(6&$/,)251,$087&'$1'7+(67$1'$5'63(&,),&$7,216)2538%/,&:25.6&216758&7,21 7+(&,7<75$)),&(1*,1((525+,65(35(6(17$7,9(+$67+($87+25,7<72,1,7,$7(),(/'&+$1*(672$6685(38%/,&6$)(7< $//75$)),&&21752/'(9,&(66+$//%(5(029(')5209,(::+(1127,186( :25.+28566+$//%(5(675,&7('727+(3(5,2'%(7:((1$0$1'30021'$<7+528*+)5,'$<81/(66$33529('27+(5:,6(:+(11,*+7:25.,65(48,5(':25.+28566+$//%(3072$0681'$<7+528*+)5,'$< 75(1&+(60867%(%$&.),//('253/$7(''85,1*121:25.,1*+2856 3('(675,$1&21752/66+$//%(3529,'('$66+2:1217+(3/$16 7(0325$5<123$5.,1*6,*166+$//%(3267('+285635,2572&200(1&,1*:25.,1$//3$5.,1*=21(6 $&&(6672'5,9(:$<6:,//%(0$,17$,1('$7$//7,0(681/(6627+(5$55$1*(0(176$5(0$'( 7+(&2175$&7256+$//5(3/$&(:,7+,1+2856$//75$)),&6,*1$//223'(7(&7256'$0$*(''85,1*&216758&7,21 7+(&2175$&7256+$//5(3/$&(:,7+,1+2856$//675,3,1*5(029('25'$0$*('%<&216758&7,21:25.675,3,1*0$<%(5(3/$&('7(0325$5,/<:,7+7$3( $//:25.(566+$//%((48,33(':,7+$125$1*(9(6725$5()/(&7,9(9(67$71,*+7$//)/$**(566+$//%((48,33(':,7+$+$5'+$7&67236/2:3$''/($1'6+$//%(75$,1(',17+(3523(5)81'$0(17$/62))/$**,1*75$)),& $1<:25.7+$7',6785%61250$/75$)),&6,*1$/23(5$7,2166+$//%(&225',1$7(':,7+7+(&,7<+285635,2572%(*,11,1*&216758&7,21 7+(&2175$&7256+$//0$,17$,1$//75$)),&'(9,&(6+28563(5'$<$1''$<63(5:((. $0,1,0802) 75$9(//$1(60867%(0$,17$,1('81/(6627+(5:,6($33529('7+(&,7< $//1,*+7:25.:,//5(48,5(:5,77(1$33529$/)5207+(&,7</$1(&/2685(652$''(72856$1'75$)),&6,*1$/02',),&$7,216$662&,$7(':,7+29(51,*+7&216758&7,21$&7,9,7,(6:,//5(48,5(:$51,1*6,*16%(3/$&('$7/($6721(:((.,1$'9$1&(2567$57,1*&216758&7,21 $62/$532:(5(')/$6+,1*$552:%2$5'6+$//%(5(48,5('21$//$57(5,$/675((7/$1(&/2685(6 7+(&2175$&7256+$//127,)<75$16,7$87+25,7<,1$'9$1&($1'3529,'(7(0325$5<5(/2&$7('%8667236 75$)),&&21752/3/$1&203/,(6:,7+:$7&+%22.5(48,5(0(1767<3(,%$55,&$'(:352326('6,*16)/$6+,1*$552:6,*1&+$11(/,=,1*'(9,&(+,*+/(9(/:$51,1*'(9,&(:352326('6,*1352326('6,*1$1'32677<3(,%$55,&$'(7<3(,,,%$55,&$'(7<3(,,,%$55,&$'(:352326('6,*166,*1$/,=(',17(56(&7,21&216758&7,21$5($)/$**(5/(*(1'0,1,0805(&200(1'(''(/,1($725&21( 6,*13/$&(0(177$%/(+)2508/$6%$6('21 :,'(/$1(603+25/(66/ :6ð03+25025(/ :6/)250(5*(7$3(5/)256+,)77$3(5/)256+28/'(57$3(53267('63(('/,0,77$3(5/(1*7+/($&+/$1('(/,1($72563$&,1*7$3(5 7$1*(17)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)703+03+03+03+03+03+03+03+03+1(1(6(6::1:6:3+$6(&,7<127(75$)),&&21752/3/$16$5(12772%(86(')25&216758&7,21$1'1(:7&3:,//%(68%0,77('$1'$33529('$63$572)7+((1&52$&+0(173(50,7$33/,&$7,2168 0(5*,1 *7$3(5 7(03123$5.,1* 0(5*,1*7$3(5 0(5 *,1*7$3(57(03123$5.,1 * 75$)),&&21752/3/$17&6+((77,7/(6+((7180%(5,7,6$9,2/$7,212)/$:)25$1<3(562181/(667+(<$5($&7,1*81'(57+(',5(&7,212)$/,&(16('352)(66,21$/(1*,1((572$/7(57+,6'2&80(17'5$:1%<&+(&.('%< 00(*6,7(,'+%13%B$&,7<675((7/,*+7126/&1257+6,'(2)%$<6,'('5,9($3352; 12)(/3$6(2'5,9(&2521$'(/0$5&$&200(5&(67(,59,1(&$$ &216758&7,215(9 '$7( '(6&5,37,21% &216758&7,21& &216758&7,21' 5(9,6,21( &' '5(9,6(') &' '5(9,6('* &216758&7,21+ &,7<&200(176, &' 65(9,6(''$7(6,*1('(;3,5$7,21'$7((',1*(5$9(7867,1&$75$)),&&21752/3/$17<3(,%$55,&$'(:352326('6,*16)/$6+,1*$552:6,*1&+$11(/,=,1*'(9,&(+,*+/(9(/:$51,1*'(9,&(:352326('6,*1352326('6,*1$1'32677<3(,%$55,&$'(7<3(,,,%$55,&$'(7<3(,,,%$55,&$'(:352326('6,*166,*1$/,=(',17(56(&7,21&216758&7,21$5($)/$**(5/(*(1'0,1,0805(&200(1'(''(/,1($725&21( 6,*13/$&(0(177$%/(+)2508/$6%$6('21 :,'(/$1(603+25/(66/ :6ð03+25025(/ :6/)250(5*(7$3(5/)256+,)77$3(5/)256+28/'(57$3(53267('63(('/,0,77$3(5/(1*7+/($&+/$1('(/,1($72563$&,1*7$3(57$1*(17)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)703+03+03+03+03+03+03+03+03+1(1(6(6::1:6:3+$6(6((0$7&+/,1($%(/2:6((0$7&+/,1($$%29(6((0$7&+/,1(%5,*+76((0$7&+/,1(%5,*+7&,7<127(75$)),&&21752/3/$16$5(12772%(86(')25&216758&7,21$1'1(:7&3:,//%(68%0,77('$1'$33529('$63$572)7+((1&52$&+0(173(50,7$33/,&$7,2169 0(5*,1 *7$3(5 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ð03+25025(/ :6/)250(5*(7$3(5/)256+,)77$3(5/)256+28/'(57$3(53267('63(('/,0,77$3(5/(1*7+/($&+/$1('(/,1($72563$&,1*7$3(5 7$1*(17)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)7)703+03+03+03+03+03+03+03+03+1(1(6(6::1:6:3+$6(6((0$7&+/,1(&/()76((0$7&+/,1(&$%29(5,*+7&,7<127(75$)),&&21752/3/$16$5(12772%(86(')25&216758&7,21$1'1(:7&3:,//%(68%0,77('$1'$33529('$63$572)7+((1&52$&+0(173(50,7$33/,&$7,2170 1 From: Stemler, Robert <Robert.Stemler@kyl.com> Sent: Sunday, April 12, 2020 11:46 AM To: CDD <CDD@newportbeachca.gov> Subject: OBJECTION: April 16, 2020 Zoning Administrator Agenda Item #4 AT&T Small Cell SLC4653 (PA2019‐115) [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Mr. Murillo, I am writing on behalf of Marguerite Stemler, the property owner at 1409 Dolphin Terrace, Corona del Mar, California. Ms. Stemler strongly objects to the proposed installation of the wireless facility in its proposed location directly in front of Ms. Stemler’s property. In addition to representing Ms. Stemler’s interest, I am a 30 year plus resident of the City of Newport Beach. We have reviewed the Staff Report and disagree with the conclusion that there is not a viable alternative site. Alternative Site #4 at City Streetlight No. SLC4655 is not only viable, but it is a preferred location from an aesthetic point of view. The suggested reason for not using Alternative Site #4 is the location of a pedestrian access stair. The pedestrian access stair should not be a consideration for two reasons. First, it is an illegal encroachment in the right of way. We are aware from experience, that it is not permissible to build in this area and the homeowner should be responsible for the immediate removal of this encroachment. Second, the stairway is not useable since it leads directly into the solar panel superstructure located on the hillside. As noted, Alternative Site #4 at City Streetlight No. SLC4655 sits in front of a solar panel superstructure. In contrast, the proposed location locates the facility in front of a beautifully landscaped hillside which has been enjoyed by numerous citizens and visitors to Newport Beach over the years. Locating the wireless facility in front of the solar panel superstructure is consistent with the aesthetics that the superstructure’s homeowner has chosen for this location, technology over beauty. Given the clear feasibility of Alternative Site #4 and the need to preserve the City’s aesthetics to the greatest extent possible, Ms. Stemler strongly urges that the requested permit be denied and that the applicant be instructed to pursue Alternative Site #4. Best regards, Robert J. Stemler .......................................................................................................................... Robert J. Stemler Keesal, Young & Logan 400 Oceangate, Long Beach, CA 90802 562.436.2000 (office) | 562.436.7416 (fax) robert.stemler@kyl.com | www.kyl.com KYL has offices in Los Angeles/Long Beach, San Francisco, Seattle, Anchorage and Hong Kong. This e-mail contains information that may be confidential and privileged. Unless you are the addressee (or authorized to receive messages for the addressee), you may not use, copy or disclose this message, or any information contained herein. If you have received this message in error, please advise the sender by reply e-mail and delete this message. Nothing in this message should be interpreted as a digital or electronic signature that can be used to authenticate a contract or legal document. Unauthorized use of this information in any manner is prohibited. Zoning Administrator - April 16, 2020 Item No. 4a Additional Materials Received AT&T Small Cell SLC4653 Minor Use Permit (PA2019-115) April 13, 2020 RE: ATT pole location Agenda Item AT&T Small Cell SLC4653 PM# UP2019-034 Dear Zoning Administration, In April 2004, I was the realtor who helped the Stemler Family purchase 1409 Dolphin Terrace The hillside was considered unusable. Since the purchase, the hillside has turned into a beautiful work of art. The view has been enjoyed by many residents, locals and visitors who travel along Bayside Drive. This hillside has been photographed so so many times by these people. There are many reasons that I ask the Board to select another location for the ATT pole. I have reviewed the reports that state it is less expensive & less work to use the pole in our yard. It saddens me that ATT has chosen our pole location. Easier is not always the best solution. There are other poles locations where the land has not been improved. These locations will not impact the view or lower property values. Our landscaped hillside has increased our property value since it is now considered a usable hillside. 1. It took the Stemler family many years & many hours of hard work transforming this hillside into a how it looks today. They have invested over $100K to improve their hillside property. Just to mention a few items that you are not able to see from the street. The project started with making the hillside safe with many retaining walls, reinforced work along the pathways and sitting areas to enjoy the view of the bay. Then they designed the large irrigation systems keep everything alive. Final step was choosing the perfect trees, plants & flowers. They pay $750 per month for their gardener to maintain the live part of the hillside. Then there is routine repair of hardscape & irrigations. 2. It is my understanding that ATT will need to remove some of the plants in order to work on the pole. The plants at the street level were designed to not give any access to the hillside. They chose particular plants with thorns & other things to make it difficult for a dangerous intruder to enter the rear of the home. Safety is extremely important to the Stemler Family. Our hillside value is in your hands. Let’s make the decision to keep our beautiful hillside left alone. I appreciate your help and consideration on the matter. Regards, Sharon Laciura Seven Gables Real Estate sharonlaciura@sbcglobal.net I have been homeowner in Newport Beach over 30 years Zoning Administrator - April 16, 2020 Item No. 4a Additional Materials Received AT&T Small Cell SLC4653 Minor Use Permit (PA2019-115) 1 From: Phillip Rogers <pchbarefoot@gmail.com> Sent: Tuesday, April 14, 2020 12:31 PM To: Perez, Joselyn <JPerez@newportbeachca.gov> Cc: robert.stemler@kyl.com; paulstemler@gmail.com; Sharon Laciura <sharonlaciura@sbcglobal.net> Subject: AT&T Proposal [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. I am Phillip Rogers of Barefoot gardening and I have some concerns in regard to AT&T’s proposed small cell site in Newport Beach. I have worked for multiple families in this neighborhood for many years and I have been working and maintaining the hillside behind the proposed site for a little over a decade now. During the time I have been working it, I have watched the hillside flourish from raw and unlandscaped to a little paradise full of life. I implore you to consider choosing one of the alternative locations proposed by AT&T. If you were to choose alternative site #1 it would only be 200 feet away from the initial proposal, still free from potential obstructions and with a good line of sight to meet AT&T’s coverage objectives. At alternative sight #1 it would also be out of the public's direct line of sight when admiring the hillside. I have seen many people stop traffic in the street to take pictures of the hillside or watch wildlife from the sidewalk. I have also had several Newport Beach residents stop me when I'm working to tell me how much they always enjoy coming to see the beauty that resides on the hill. It would be a shame to have a cell node contrasting against the colorful vegetation that I have tended to all of these years. And although The human residents are of course important, my main concern is the wildlife that calls that hillside home. When it came to the landscaping, Joe Stemler had always made it clear that the priority was to provide a safe environment for the birds and other species that it would attract. For eight years he worked to design and shape the hillside into what it is today and the local wildlife has been more than grateful. On this slope we consistently have large birds of prey such as falcons, hawks, and osprey visiting to hunt for mice and other critters that reside in the brush. We also have many resident small birds such as finches and hummingbirds that stay year round and we have multiple nesting sites that are active seasonally throughout the year. Construction, especially during the springtime, could seriously disrupt the breeding and migration patterns of these birds that call the hill home. We also have a plethora of butterflies, especially during migration periods, that stop to drink the nectar from the flowers and promote healthy cross pollination all across California. The hill also homes squirrels and rabbits and provides a feeding ground for bats every evening. I firmly believe that AT&T can be committed to improving wireless telecommunications without disrupting a handcrafted ecosystem that has been over a decade in the making or the creatures that comfortably reside there. Thank you for your time and consideration. Phillip Rogers Zoning Administrator - April 16, 2020 Item No. 4a Additional Materials Received AT&T Small Cell SLC4653 Minor Use Permit (PA2019-115) April 16, 2020, Zoning Administrator Agenda Comments Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item 4. AT&T Small Cell SLC4653 Minor Use Permit No. UP2019-034 (PA2019-115) Please see comments on Item 3, which apply equally here. In addition, I do not see why Alternative Site #4 (handwritten page 35) is infeasible, or that it would necessarily be “more intrusive than the proposed node.” Site #4 is already visually blighted by the solar panels on the bluff face. In any event, absent further explanation, I believe this item, like Item 3, should be re-noticed as a combined MUP/CDP request and hearing. Zoning Administrator - April 16, 2020 Item No. 4b Additional Materials Received AT&T Small Cell SLC4653 Minor Use Permit (PA2019-115)