HomeMy WebLinkAbout20200910_ZA_Public Notice NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY GIVEN that on Thursday, September 10, 2020, at 10:00 a.m. or soon thereafter as the matter shall be heard, a
public hearing will be conducted online via Zoom. The Zoning Administrator of the City of Newport Beach will consider the following
application:
AT&T Small Cell SLC0007 – A minor use permit (MUP) and 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 a parkway located south of Channel
Road and Ocean Boulevard. The project 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 screening shroud. This equipment would be fixed to the top of the replaced streetlight pole for a maximum height of 33 feet, 9
inches; and (3) Establishment of support equipment below grade.
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 Chapter 21.64
(Appeals and Calls for Review). The fee is waived to appeal any final action on a Coastal Development Permit to the Planning Commission.
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, September 9, 2020, at 12:00 p.m. In addition, members of the public will have the ability to
participate in this meeting via Zoom. 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, September 4, 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 Patrick Achis, Assistant Planner, at 949-644-3237 or
pachis@newportbeachca.gov.
Project File No.: PA2019-150
Activity No.: UP2019-043 and CD2020-120
Applicant: New Cingular Wireless, LLC
Zone/General Plan/Coastal Land Use Plan: N/A (Public
Right-of-Way)
Filing Date: July 31, 2019
Location: Public right-of-way, City streetlight number
SLC0007, parkway south of Ocean Boulevard at the
intersection of Channel Road and Ocean Boulevard
Subject Streetlight
SLC0007