HomeMy WebLinkAbout20200604_PC_Public Notice NOTICE OF CANCELLATION AND
RESCHEDULED PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission meeting originally scheduled for Thursday, May 21, 2020, has been canceled.
Notice is further given that on Thursday, June 04, 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 regarding 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 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, June 3, 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 29, 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