HomeMy WebLinkAbout20200416_ZA_Public Notice NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY GIVEN that on Thursday, April 16, 2020, at 3:00 p.m. or soon thereafter as the matter shall be heard,
a public hearing will be conducted in the Community Room at 100 Civic Center Drive, Newport Beach. The Zoning
Administrator of the City of Newport Beach will consider the following application:
AT&T Small Cell SLC4653– A minor use permit to allow 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.
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.
The agenda, staff report, and corresponding documents will be available by end of business day on the Friday preceding the
public hearing, and may be reviewed at the Community Development Department Permit Center (Bay C-1st Floor), at 100
Civic Center Drive, Newport Beach, CA 92660 or at the City of Newport Beach website at
www.newportbeachca.gov/zoningadministrator. Individuals not able to attend the meeting may contact the Planning Division
or access the City’s website after the meeting to review the action on this application. All mail or written communications
(including email) from the public, residents, or applicants regarding an agenda item must be submitted by 5 p.m. on the
business day immediately prior to the meeting. This allows time for the Zoning Administrator to adequately consider the
submitted correspondence.
For questions regarding this public hearing item, please contact Joselyn Perez, Assistant Planner, at 949-644-3312 or
jperez@newportbeachca.gov.
Project File No.: PA2019-115
Activity No.: UP2019-034
Applicant: New Cingular Wireless, LLC
Zone/General Plan: Public Right-of-Way
Location: 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
SLC4653