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 SLC4653 Call for Review – A call for review by the Planning Commission 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 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 antenna screening shroud. This equipment would be fixed to the top of the replaced
streetlight pole for a maximum height of 27 feet, 5 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 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: N/A (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.
Lee Lowrey, Secretary, Planning Commission,
City of Newport Beach
Subject Streetlight
SLC4653