HomeMy WebLinkAbout20200521_PC_Public Notice NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY GIVEN that on Thursday, May 21, 2020, at 6:30 p.m. or soon thereafter as the matter shall be heard, a public
hearing will be conducted in the Council Chambers at 100 Civic Center Drive, Newport Beach. The Planning Commission of the City of
Newport Beach will consider the following application:
AT&T Small Cell SLC0796 Appeal – 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. This equipment would be fixed to the top of the replaced streetlight pole for a maximum
height of 34 feet, 9 inches. Support equipment will be in an adjacent below grade vault.
Section 332(c)(7) of U.S. Code Title 47 (Telecommunications) preserves the City’s authority over zoning and land use decisions to regulate
some aspects of the aesthetics and placement of wireless service facilities. However, federal law prohibits the City from rendering any
decision based indirectly or directly on potential health and environmental impacts related to radio frequency (RF) emissions of wireless
service facilities that will comply with the Federal Communications Commission’s regulations. The development will be consistent with all
applicable provisions of Newport Beach Municipal Code (NBMC) Chapter 20.49 (Wireless Telecommunications Facilities) and City Council
Policy L-23 (The Siting of Wireless Telecommunications Equipment on City-Owned Property) that provide the regulatory and policy
framework for allowing the installation of small cell sites on City property. Under the current executed Master License Agreement, AT&T,
the wireless carrier, is responsible for all installation, maintenance, and repair associated with the deployment of this telecommunication
project, including all related costs and expenses.
The project is categorically exempt under Sections 15302 and 15303 of the State CEQA (California Environmental Quality Act)
Guidelines -- Class 2 (Replacement or Reconstruction) and Class 3 (New Construction or Conversion of Small Structures), respectively.
All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited
to raising only those issues you raised at the public hearing or in written correspondence delivered to the City, at, or prior to, the public
hearing. Administrative procedures for appeals are provided in the NBMC Chapter 20.64 (Appeals). The application may be continued to a
specific future meeting date, and if such an action occurs, additional public notice of the continuance will not be provided.
SPECIAL NOTICE REGARDING COVID-19
Given the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19, we recommend that you
submit your questions and comments in writing for Planning Commission consideration by sending them to the Community
Development Department at PlanningCommissioners@newportbeachca.gov. To give the Planning Commission adequate time to
review your questions and comments, please submit your written comments by Wednesday, May 20, 2020, at 5:00 p.m. In addition,
members of the public will have the ability to participate in this meeting telephonically. Please review the Planning Commission Agenda
for further instructions. The Agenda, staff report and corresponding documents will be posted to the City’s website at
www.newportbeachca.gov/planningcommission, by end of business day on Friday, May 15, 2020. While the City does not expect there
to be any changes to the above process for participating in this meeting, if there is a change, the City will post the information as soon
as possible to the City’s website. The City of Newport Beach thanks you in advance for continuing to take precautions to prevent the
spread of the COVID-19 virus. If you are unable to participate in the meeting via the process set forth in the agenda, please contact
the Planning Division at (949-644-3200 or CDD@newportbeachca.gov and our staff will attempt to accommodate you.
For questions regarding this public hearing item, please contact Benjamin M. Zdeba, AICP, Senior Planner, at 949-644-3253 or
bzdeba@newportbeachca.gov.
Project File No.: PA2019-111
Activity No.: UP2019-030
Applicant: New Cingular Wireless, LLC
Zone/General Plan: N/A (Public Right-of-Way)
Location: Public right-of-way, City streetlight number
SLC0796, at the northwestern corner of Balboa
Boulevard and 30th Street
Lee Lowrey, Secretary, Planning Commission,
City of Newport Beach
Subject Streetlight
SLC0796