HomeMy WebLinkAbout20200827_ZA_Public Notice
NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY GIVEN that on Thursday, August 27, 2020, at 10:00 a.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 Zoning Administrator of the
City of Newport Beach will consider the following application:
AT&T Small Cell SLC4653 – A coastal development permit (CDP) 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 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. A minor use permit (UP2019-034) for this project was previously reviewed and approved by
the Zoning Administrator on April 16, 2020. Since that approval, it has been determined that a CDP is also required.
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) Chapters 20.49 and 21.49 (Wireless
Telecommunications Facilities), as well as City Council Policy L-23 (The Siting of Wireless Telecommunications Equipment on City-
Owned Property), which 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. 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 Newport Beach Municipal Code
Chapters 21.64. Fees are required to appeal any final action on a Coastal Development Permit to the Planning Commission or 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 the Zoning Administrator’s consideration by sending them to the Community
Development Department at CDD@newportbeachca.gov. To give the Zoning Administrator adequate time to review your questions
and comments, please submit your written comments by Wednesday, August 26, 2020, at 12:00 p.m. In addition, members of the
public will have the ability to participate in this meeting telephonically. Please review the Zoning Administrator Agenda for further
instructions. The Agenda, staff report and corresponding documents will be posted to the City’s website at
www.newportbeachca.gov/zoningadministrator, by end of business day on Friday, August 21, 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.: CD2020-118
Filing Date: 06/10/2019
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.
Subject Streetlight
SLC4653