HomeMy WebLinkAbout20190626_ApplicationCommunity Development Department
Planning Permit Application
1. Check Permits Requested:
D Approval-in-Concept -AIC # D Lot Merger
D Coastal Development Permit D Limited Term Permit -
D Waiver for De Mini mis Development D Seasonal D < 90 day 0>90 days
D Coastal Residential Development D Modification Permit
D Condominium Conversion D Off-Site Parking Agreement
D Comprehensive Sign Program D Planned Community Development Plan
D Development Agreement D Planned Development Permit
t'A io1-q --i 2 1 N,,J'J/-/ 1'4 CITYOFNEWPORTBEACH
\.N" "' · \ 100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca .gov/communitydevelopment
D Staff Approval
D Tract Map
D Traffic Study
EXHIBIT-A
D Use Permit -~Minor □Conditional
D Amendment to existing Use Permit
D Variance
D Development Plan D Site Development Review -D Major D Minor
□ Amendment-OCode □PC □GP OLCP
D Other:
D Lot Line Adjustment D Parcel Map
2. Project Address(es)/Assessor's Parcel No(s)
1400 [CS] San Miguel Dr ., Behind Newport Beach, CA 92625 / 458-632-03
3. Project Description and Justification (Attach additional sheets if necessary): (NWPTB_009)
AT&T to remove and replace existing concrete streetlight and install a single omn i-directional antenna with related radio equipment within a Commscope
shroud mounted at the top of the new streetlight within the public right of way. See attached project plans and description for additional details.
A I. t/C N Stacey Brown , Project Manager/ ATT Mobility
4. pp 1can om pa_n-=y __ a_m_e ..::-_-..::::_-..::::..::::..::::..::::..::::_-_-..::::..::::..::::_-..::::..::::_-..::::..::::_-..::::..::::..::::..::::..::::..::::_-_-..::::..::::..::::..::::..::::..::::..::::..::::..::::..::::-=------;:::::::::::::::::::::::======:::'..
Mailing Address ~' 1_4 _52_Ed_i_ng_e_r _A_ve_. _______________ ~ Suite/Unit ~-----
City jTustin State j cA J Zip ~l 9_27_a_o ___ _
Phone ..... , 7-1-4--2-7-3--5-26_1 ______ 1 Fax ~-------'I Email jsb676b@att.com
John Tseheridis / Bechtel Infrastructure and Power
5. Contact/Company-_N_a_m_e_~ _-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_------~======-=--=--=---=-~
Mailing Address ~' 1_6_8o_a_A_r_m_s_tr_on_g_A_v_e_. --------------~ Suite/Unit ~l 2_25 ____ ~
City J1rvine State .--lc_A _______ , Zip ~l 9_26_0_6 ___ ___.
Phone ..... 17-14-_-4-14-_-9 -04_0______ Fax 1949-372-4537 I Email jjtseheri@bechtel.com
0 N I City of Newport Beach 6. wner ame ~--__________________ -....:-_______ -_-....:-___________________________________________________________ -_:::--------,:..:::-_-_-..:::;-..:::;-::.:::.:::.:::.::::::::'
Mailing Address ~' 1_o_o_c_iv_ic_c _en_t_er_D_r_iv_e __________ --;:::..-=--=--=----_-_-_-_-_ __. __ S_u_it--1e/U nit '";:...-=--=----=----_-_-_-_-_----
City I Newport Beach State _I c_A ____ -_-_-_-_-_-_-_-_-_-_-:::::._I _z_ip=--'--' 9.:::::2_6 __ 6_0.:::::.:::::.:::::...:::-...:::-...:::-_---=;
Phone l
949
-
544
-
3311 I Fax ~-----~I Email ~-------------~
7 P rt O , Aff"d "t * (I) (W ) See attached AT&T and City of Newport Beach Master License Agreement . rope y wner s I av1 : e
depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application . (I) (We) further
certify, under penalty of p rjury, that the foregoing statements and answers herein contained and the information
herewith submitted are i a I respects true and correct to the best of (my) (our) knowledge and belief.
Date: l 04125119
DD/MO/YEAR
Signature(s): ______________ Title:---------~ Date:-----~
*May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the
application . Please note, the owner(s)' signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized .
F:\Users\CDD\Shared\Admin\Planning_Division\Applications\Appl ication_Guidelines\Planning Permit Application -CDP added .docx Rev : 01 /24/17
PA2019-127
F:\Users\PLN\Shared\Staff_Dir\Garciamay\Ruby\desktop\DESKTOP_\CUT_PASTE_DRAG_COPY\Office Use Only.docx
Updated 08/15/17
FOR OFFICE USE ONLY\
Date Filed: _______________________ 2700-5000 Acct.
APN No: __________________________ Deposit Acct. No. ________________________
Council District No.: _________________ For Deposit Account:
General Plan Designation: ____________ Fee Pd: _______________________________________
Zoning District: _____________________ Receipt No: ____________________________
Coastal Zone: Yes No Check #: __________
Visa MC Amex # ____________
CDM Residents Association and Chamber
Community Association(s): _______________________ Development No: __________________________
_____________________________________________ Project No: ________________________________
_____________________________________________ Activity No: _______________________________
Related Permits: ___________________________
APPLICATION Approved Denied Tabled: _________________________
ACTION DATE
Planning Commission Meeting
Zoning Administrator Hearing
Community Development Director
Remarks:
__________________________________________________________________________________________
__________________________________________________________________________________________
APPLICATION WITHDRAWN: Withdrawal Received (Date): ________________________
APPLICATION CLOSED WITHOUT ACTION: Closeout Date: ________________________
Remarks:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
PA2019-127
Stacey Brown
CRAN Project Manager
Re: LITTER OF AUTHORIZATION
AT&T Mobility
1452 Edinger Avenue
3rd Floor
Tustin, CA 92780
C 714.273-5261
sb676b@att.com
Los Angeles Market-CRAN RLOS NWPTB 09 -On Macarthur Blvd. 100' South of San Miguel Drive at Pole# 3844
To Whom It May Concern:
Bechtel, its employees and agents are authorized representatives of AT&T Mobility LLC, formally known
as New Cingular Wireless PCS, LLC. Bechtel, its employees and agents have been contracted to perform
real estate leasing, land-use entitlements, and architectural, construction, and engineering services for
AT&T Mobility telecommunications facilities.
As an authorized representative of AT&T Mobility, Bechtel, its employees and or agents may sign, file,
review land-use applications and permits, represent AT&T Mobility at hearings, accept
conditions of approval, and negotiate leases on behalf of AT&T Mobility.
Should you have any questions, or need additional information, please do not hesitate to contact
me at the above contact information.
Sincerely,
Stacey Brown
CRAN Project Manager
AT&T Mobility
1452 Edinger Avenue-3 rd Floor
Tustin, CA 92780
SB676b@att.com
714.273 .5261
PA2019-127
.........
~at&t
AT&T Mobility, LLC www.att.com
1452 Edinger Ave
Tustin CA 92780
New Cingular Wireless PCS, LLC d/b/a AT&T Mobility
AT&T Site ID : CRAN_RLOS_NWPTB 09 and FA# 14852173
In the Public Right-of-Way Behind 1400 [CS] San Miguel Drive, Newport Beach, CA 92625
PUBLIC NOTICE
(Pursuant to County Ordinance 348, Section 19.404.B)
Dear Resident,
New Cingular Wireless PCS, LLC d/b/a AT&T Mobility ("AT&T") is proposing to install a small cell wireless telecommunications
facility on a replacement utility pole located near 530 Center Street. The small cell will serve residents and businesses in this
portion of the community. Small cells are low-power, low-profile wireless communications facilities that improve signal quality
and capacity within AT& T's existing wireless network. The proposed small cell facility will help AT&T provide and improve critical
wireless services in this area.
AT&T estimates that since introduction of the iPhone in 2007, mob ile data usage has increased 470,000% on its network. AT&T
forecasts its customers' growing demand for mobile data services to continue . Customer needs require AT&T to design and
maintain its network to provide and improve wireless signal quality and to increase data rates sufficient to stream video. Areas
that do not meet this minimal standard , or where wireless serv ice is otherwise compromised, represent service issues that must
be addressed .
Specifically, th is proposed small cell facility will help improve AT& T's wireless services by offloading network traffic carried by
existing macro facilities in the area . In addition, faster data rates allow customers to get on and off the network quickly, which
produces more efficient use of AT& T's limited spectrum. By placing the small cell facility in areas where AT& T's existing wireless
telecommunications facilities are constrained and where AT&T experiences especially high network traffic, AT&T can address the
existing and forecasted demand and support 5G speeds in the near future.
Improving signal quality and Increasing data speed is critical to providing the mobile experience customers demand and to
manage the unprecedented increase in mobile data usage on AT& T's network. The Center for Disease Control and Prevention
(CDC) tracks the rates at which American households are shifting from landlines to wireless telecommunications. According to
the CDC's latest Wireless Substitution Report, more than 70 percent of Americans rely exclusively or primarily on wireless
communications in their homes.1 In addition, the FCC estimates that 70 percent of all 911 calls are made from wireless devices.2
And with AT& T's selection by FirstNet as the wireless service provider to build and manage the nationwide first responder wireless
network, each new or modified facility will help strengthen first responder communications .
AT&T selected the proposed facility as the best available means to address its service objectives in this portion of Riverside
County. The overall site location and design will comply with applicable code provisions, General Plan, and other published siting
guidelines. The proposed small cell facility will be located in the public right-of-way where AT&T has a right to place its equipment
pursuant to California Public Utilities Code 7901. The project will involve the placement of a small antenna and associated small
cell equipment on a replacement utility pole. The facility will not obstruct pedestrian or vehicular traffic. It will not adversely
affect the surrounding properties and will have a minimal physical and aesthetic footprint in this area.
For Inquiries Contact:
Bechtel Infrastructure and Power
16808 Armstrong Avenue, Ste 225
Irvine, California 92606
1 See Wireless Substitution : Early Release of Estimates From the National Health Interview Survey, January-June 2018, available
at http://www.cdc.gov/nchs/data/nhis/earlyrelease/wireless201812.pdf.
2 See 911 Wireless Services, available at https://www.fcc.gov/consumers/guides/911-wireless-services .
PA2019-127
April 29, 2019
Via Hand Delivery
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
RE: AT&T Application for a Minor Use Permit to place a Small Cell Wireless Facility at the following
location:
1400 [CS] Behind San Miguel Drive; AT&T Site ID NWPTB_009 and FA No. 14852173
Dear Ms. Makana Nova:
New Cingular Wireless PCS, LLC d/b/a AT&T Mobility ("AT&T") submits the enclosed application materials to obtain
all necessary authorizations to construct small cell wireless facility at the above referenced location. If any
additional applications or information are needed for any phase of this project, please let me know. Small cells are
low---power, low---profile wireless communications facilities that improve signal quality and capacity within
AT& T's existing wireless network. The proposed small cell facility will help AT&T provide and improve critical
wireless services in this area.
Application Contents
Pursuant to Newport Beach Municipal Code Section 20.50.040 B Application Contents, this application includes the
following materials and information:
1. Minor Use Permit Application (Exhibit A)
2. Project Description and Justification (Exhibit B)
3. Public Noticing Materials (Exhibit C)
4. Plans; one (1) set of 24" x 36" and four (4) sets of 11" x 17" drawings (Exhibit D)
5. Letter of Authority (Exhibit E)
6. Pole ownership information, construction responsibilities and maintenance:
o The subject pole is owned and operated by City of Newport Beach ("City").
o The City will retain ownership of the existing structure and AT&T will be responsible for the
replacement, maintenance and repairs of such structure.
o AT&T and the City will finalize the site license agreement upon permit issuance.
o AT&T will maintain the antenna communication portion of the new facility.
o AT&T will replace the existing streetlight as shown on the plans.
o Details of the existing and new pole height, diameter and antenna equipment is provided on the
attached plans.
o The project will be designed without a meter pedestal subject to the city's issuance of a meter
denial letter.
7. Coverage maps (Exhibit F)
8. Evidence of compliance with FCC RF rules: FCC Appendix A -categorically excluded (Exhibit G)
9. Copy of FCC license: FCC OC---LA License (Exhibit H).
10. Certificate of Public Convenience and Necessity (Exhibit I)
11. Visual simulations are attached for this project (Exhibit J)
PA2019-127
AT&T Small Cell Application
City of Newport Beach
Page 2 of 3
Application Review
Under federal law, the City of Newport Beach ("City") must determine whether the application is complete within
10 days and take final action on the application within 90 days from this submittal (the "shot clock"). See 47 C.F.R.
§ 1.6003. Within the same period of time, the city must also take action with respect to all necessary
authorizations and approvals for construction and operation of the proposed small cell. The shot clock begins
today and runs unless or until it is tolled, either by mutual agreement or based on a timely and proper notice that
the application is materially incomplete. To toll the shot clock for incompleteness, the city must, within ten days,
identify in writing the missing information that is required by local codes or other published application guidelines.
In the case of a timely and proper incomplete notice, the shot clock stops and restarts at day 0 once AT&T submits
the additional information required. If the City fails to act before the shot clock expires, the City will be in violation
of state and federal laws.
• This Application was filed on April 29, 2019.
• Notification of incompleteness is due by May 10, 2019.
• Absent tolling, the City must take final action by July 29, 2019.
The City must grant all necessary authorizations as the proposed facility is consistent with applicable law and there
is no basis for denial under the local code.
Applicable Law
Approval is required under the federal Telecommunications Act of 1996, 47 U.S.C. §§ 253, 332 ("Act"). The Act,
which was enacted to prioritize and streamline deployment of wireless technologies, limits the ability of state and
local governments to regulate wireless service. The Act establishes substantive and procedural limitations on the
review of wireless facility siting applications . A state or local government cannot take action that would
unreasonably discriminate against AT&T in acting on the application. A state or local government cannot take any
action that would prohibit or effectively prohibit the provision of wireless services. An effective prohibition occurs
when the jurisdiction's denial of an application materially limits or inhibits AT& T's ability to provide or improve
wireless services . A state or local government may not consider the effects of radio frequency emissions when
considering this application.
The city must review this application within a reasonable period of time, as defined pursuant to the shot clock. Any
decision to deny the application must be in writing contemporaneously with the decision and supported by
substantial evidence contained in a written record. The written denial must provide the basis therefor with a
recitation of findings of fact and conclusions of law supporting the denial.
Pursuant to the California Constitution and Section 7901 of the California Public Utilities Code, AT&T has a
statewide franchise right to construct telecommunications facilities and place poles within the public rights-of-way
so long as it does not incommode the public way. AT&T's right is subject only to the municipality's authority to
impose reasonable and equivalent time, place and manner restrictions pursuant to Section 7901.1 of the California
Public Utilities Code. AT& T's proposed small cell facility does not incommode the public way.
Payment of an application deposit totaling $2,631.00 is enclosed with this letter.
Questions or notices related to this Application may be directed to:
John Tseheridis
jtseheri@bechtel.com
(714) 414-9040
PA2019-127
AT&T Small Cell Application
City of Newport Beach
Page 3 of 3
We look forward to working with you to complete this wireless communications project in Newport Beach.
Sincerely,
Cc:
PA2019-127
Exhibit - I
Statement of CLEC and CPUC Status
New Cingular Wireless PCS LLC ("NCW") dba AT&T Mobility is a telephone corporation
that provides wireless service in the City of Newport Beach pursuant to a Wireless
IdentificationRegistration Number, U 3060 C, issued by the California Public Utilities
Commission.
Section 7901 of the California Public Utilities Code authorizes telephone corporations to
construct facilities in the public right of way. Thus, as a registered wireless carrier, NCW is
allowed to construct facilities in the public right of way.
NCW does not have and is not required to have a Certificate of Public Convenience and
Necessity (CPCN). The CPUC terminated the requirement for wireless carriers to have
CPCNs in 1994 and replaced it with the registration process. Please see Section 1013 of the
Cal. Pub. Util. Code and attached letter from CPUC.
Under Cal. Pub. Utils. Code§§ 7901 & 7901.1 (excerpted below), AT&T has an affirmative
right to deploy its facilities in public right-of-way subject to the city's police power to control
the location and manner of an installation. The city police power, however, is limited, and it
must exercise this authority in a reasonable and nondiscriminatory manner. See 7901.1.
PUBLIC UTILITIES CODE SECTION 7901-7901.1
7901. Telegraph or telephone corporations may construct lines of telegraph or telephone lines
along and upon any public road or highway, along or across any of the waters or lands within
this State, and may erect poles, posts, piers, or abutments for supporting the insulators, wires,
and other necessary fixtures of their lines, in such manner and at such points as not to
incommode the public useofthe road or highway or interrupt the navigation of the waters.
7901.1. (a) It is the intent of the Legislature, consistent with Section 7901, that municipalities
shall have the right to exercise reasonable control as to the time, place, and manner in which
roads, highways, and waterways are accessed. (b) The control, to be reasonable, shall, at a
minimum, be applied to all entities in an equivalent manner. ( c) Nothing in this section shall
add to or subtract from any existing authority with respect to the imposition of fees by
municipalities.
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FCC/LSGAC Local Official's Guide to RF
Exhibit - G
APPENDIX A
Optional Checklist for Determination
Of Whether a Facility is Categorically Excluded
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FCC/LSGAC Local Official's Guide to RF
Optional Checklist for Local Government
To Determine Whether a Facility is Categorically Excluded
Purpose: The FCC has determined that many wireless facilities are unlikely to cause human
exposures in excess of RF exposure guidelines. Operators of those facilities are exempt from
routinely having to determine their compliance. These facilities are termed "categorically
excluded." Section 1.1307(b)(l) of the Commission's rules defines those categorically excluded
facilities. This checklist will assist state and local government agencies in identifying those
wireless facilities that are categorically excluded, and thus are highly unlikely to cause exposure
in excess of the FCC's guidelines. Provision of the information identified on this checklist may
also assist FCC staff in evaluating any inquiry regarding a facility's compliance with the RF
exposure guidelines.
BACKGROUND INFORMATION
1. Facility Operator's Legal Name: ---'A...aT-'-&=T.a...,.a.;;.M-=-=o-=b=ili=ty ______________ _
2. Facility Operator's Mailing Address: 1452 Edinger Avenue, Tustin, CA 92618
3. Facility Operator's Contact Name/Title: ___,;;.A..;.;.l;..;..m=a-'-P....;;.;in..;..;e;;..;;.d=a _____________ _
4. Facility Operator's Office Telephone: _ ..... (8_0_0)._8_3_2_-6_6_6_2 ____________ _
5. Facility Operator's Fax: ________________________ _
6. FacilityName: CRAN RLOS NWPTB 009A
7. Facility Address: 1400 [CS] San Miguel Drive, (Public Right-of-Way)
8. Facility City/Community: _N_e_w___,p __ o_rt_B_e_a_c_h _________________ _
9. Facility State and Zip Code:;..__C_A_9_2_6_25 _________________ _
10. Latitude: 33.611014
11. Longitude: -117.869800
continue
►
PA2019-127
FCC/LSGAC Local Official's Guide to RF
Optional Local Government Checklist (page 2)
EVALUATION OF CATEGORICAL EXCLUSION
12. Licensed Radio Service (see attached Table 1): Personal Communications Services
13. Structure Type ( free-standing or building/roof-mounted): _F_re_e_-_st_a_nd_i~ng _______ _
14. Antenna Type [omnidirectional or directional (includes sectored)]:_O_m_ni ______ _
15. Height above ground of the lowest point of the antenna (in meters): _2_9_.3_o ______ _
16. ~ Check if all of the following are true:
(a) This facility will be operated in the Multipoint Distribution Service, Paging and
Radiotelephone Service, Cellular Radiotelephone Service, Narrowband or Broadband
Personal Communications Service, Private Land Mobile Radio Services Paging
Operations, Private Land Mobile Radio Service Specialized Mobile Radio, Local
Multipoint Distribution Service, or service regulated under Part 74, Subpart I (see
question 12).
(b) This facility will not be mounted on a building ( see question 13).
(c) The lowest point of the antenna will be at least 10 meters above the ground (see question
15).
If box 16 is checked, this facility is categorically excluded and is unlikely to cause exposure in
excess of the FCC's guidelines. The remainder of the checklist need not be completed. If box
16 is not checked, continue to question 17.
17. Enter the power threshold for categorical exclusion for this service from the attached Table 1
in watts ERP or EIRP* (note: EIRP = (1.64) X ERP): -------------,
18. Enter the total number of channels if this will be an omnidirectional antenna, or the
maximum number of channels in any sector if this will be a sectored antenna:
19. Enter the ERP or EIRP per channel (using the same units as in question 17)· _______ ,
20. Multiply answer 18 by answer 19·.___ _____________________ ,
21. Is the answer to question 20 less than or equal to the value from question 17 (yes or no)?
If the answer to question 21 is YES, this facility is categorically excluded. It is unlikely to cause
exposure in excess of the FCC' s guidelines.
If the answer to question 21 is NO, this facility is not categorically excluded. Further
investigation may be appropriate to verify whether the facility may cause exposure in excess of
the FCC's guidelines.
*"ERP" means "effective radiated power" and "EIRP" means "effective isotropic radiated power
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FCC/LSGAC Local Official's Guide to RF
TABLE 1 (cont.)
SERVICE (TITLE 47 CFR RULE PART) EVALUATION REQUIRED IF:
Personal Communications Services ( 1) Narrow band PCS ( subpart D):
(part 24) non-building-mounted antennas: height
above ground level to lowest point of antenna
< 10 m and total power of all channels > 1000
W ERP (1640 W EIRP)
building-mounted antennas:
total power of all channels > 1000 W ERP
( 1640 W EIRP)
(2) Broadband PCS (subpart E):
non-building-mounted antennas: height
above ground level to lowest point of antenna
< 10 m and total power of all channels > 2000
W ERP (3280 W EIRP)
building-mounted antennas:
total power of all channels > 2000 W ERP
(3280 W EIRP)
Satellite Communications all included
(part 25)
General Wireless Communications Service total power of all channels > 1640 W EIRP
(part 26)
Wireless Communications Service total power of all channels > 1640 W EIRP
(part 27)
Radio Broadcast Services all included
(part 73)
PA2019-127