HomeMy WebLinkAbout20201022_PC_Public Notice NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY GIVEN that on Thursday, October 22, 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 SLC0902 Appeal – An appeal of the Zoning Administrator’s decision on August 27, 2020 to approve a coastal development 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 38th Street and includes the: (1) removal and replacement of an existing City streetlight; (2) installation of a small cell wireless
facility consisting of four remote radio units, a raycap disconnect, and an omni-directional antenna within a 12-inch diameter screening shroud. This
equipment would be fixed to the top of the replaced streetlight pole for a maximum height of 27 feet, 6 inches; and (3) establishment of supporting
equipment 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 21.49 (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 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. 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 the NBMC Chapter 21.64 (Appeals or Calls for Review). A fee is required to appeal
any final action on a coastal development permit 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, October 21, 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, October 16, 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.: PA2019-113
Activity No.: CD2020-119
Applicant: New Cingular Wireless, LLC
Zone/General Plan: N/A (Public Right-of-Way)
Location: Public right-of-way, City streetlight number
SLC0902, at the northwestern corner of 38th Street and Lake
Avenue.
Lauren Kleiman, Secretary,
Planning Commission, City of Newport Beach
Subject Streetlight
SLC0902