HomeMy WebLinkAbout20200709_PC_Public Notice NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY GIVEN that on Thursday, July 09, 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.
Also included is the review of a coastal development permit pursuant to Newport Beach Municipal Code (NBMC) Section
21.49.020(B).
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 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).
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 public
hearing. 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. Administrative procedures for appeals are provided in NBMC Chapters 20.64 and 21.64. Fees are required
to appeal any final action on the applications to the City Council. The project site is located within the appeal area of the coastal zone;
therefore, final action by the City to approve a Coastal Development Permit may be appealed to the California Coastal Commission.
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, July 8, 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, July 3, 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 Filed: June 10, 2019
Activity Nos.: UP2019-030, CD2020-052
Applicant: New Cingular Wireless, LLC
Zone/Land Use: 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