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Home My WebLink About20210129_ApplicationPA2021-014 Community 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 Minimis 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 D Development Plan D Site Development Review -D Major D Minor D Lot Line Adjustment D Parcel Map 2. Project Addr: ss(es)/Assessor's Parcel No(s) a,~ PA~Jl -ol~ ri,;;~\il ORT J. ~ I 100 Civic Center/~ r'{,/e{ ')'{ Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment D Staff Approval D Tract Map D Traffic Study EXHIBIT-A D Use Permit -li!Minor □Conditional D Amendment to existing Use Permit D Variance 0 Amendment -□Code □PC □GP OLCP D Other: 3. Project Description and Justification (Attach additional sheets if necessary): (NWPTB_002) AT&T to remove and replace existing concrete streetlight and install a single omni-directional antenna within a Concealfab shroud mounted at the top of the new streetlight; related radio equipment housed in a ground cabinet at the base of the pole located within the public right of way. See attached project plans and description for additional details. A I. t/C N Sebastian Vargas, Project Manager/ ATT Mobility 4. pp 1can ompa~n~y __ am_e_~_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_::-_-_-_-_-..:::::------;::.==========:::::'. M .1• Add 11452 Edinger Ave. a1 mg ress City ITustin Phone 1626-390-8692 Suite/Unit ';:::::=======. State ,___lc_A---;:::=====::'...l~z~ip~l9=27=8=0===='. Fax ,__I ______ _____,I Email lsv770k@att.com John Tseheridis / Bechtel Infrastructure and Power 5. Contact/Company,-..::.N:.:a:::m:..:.:e:....:::=================::,-------;::::======i' Mailing Address 116808 ArmStrong Ave. Suite/Unit ~1~2_2.:::5.:::.:::.:::.:::::::::::====-::; City l1rvine State l ~C_A _______ I Zip 192606 Phone ~17-14-_-4-14 ___ 9_04_0______ Fax ~19-49---3-72---45_3_7 ___ 1 Email ljtseheri@bechtel.com 0 N I City of Newport Beach 6. wner ame ~-:=======================;-------;=======- M .1• Add I 100 Civic Center Drive a1 mg ress City I Newport Beach Phone 1949-644-3311 Suite/Unit "';:::::====== State ~lc_A_~---_-_-_-_-_-_-_-_-_-_~l_z_i~p_~l_ 9 _ 2 _ 6 --=- 6 --=- 0 --=---=---=---=---=---=--=--~, 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 perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief. Tseheridis, John Signature(s): (JTSEHER 1 Digitally signed by: Tuheridis, John(JTSEHERI) i(seheri@beehlel.com OU "' 01 Use/$, AMERS, RES ON: CN • Tseheridis, John(JTSEHERI) emall"' I ¥0J,-,202,.01.,.,.,,,,,, .. ,.... Title: Site Acquisition Coordinator 1 ~1/28/21 Date:~-------' 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\Application_Guidelines\Planning Permit Application• CDP added.docx Rev: 01/24/17 I:\Users\CDD\Shared\Admin\Planning_Division\Current_Templates\Office Use Only Form Updated 01/27/2020 2700-5000 Acct. Deposit Acct. No. ________________________ For Deposit Account: Fee Pd: _______________________________________ Receipt No: ____________________________ FOR OFFICE USE ONLY Date Filed: _______________________ APN No: __________________________ Council District No.: _________________ General Plan Designation: ____________ Zoning District: _____________________ Coastal Zone: Yes No Check #: __________ Visa MC Amex # ____________ CDM Residents Association and Chamber Community Association(s): _______________________ Development No: __________________________ _____________________________________________ Project No: ________________________________ _____________________________________________ Activity No: _______________________________ Related Permits: ___________________________ Remarks: ________________________________________________________________________________________ January 29, 2021 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: 22163 Macarthur Blvd. ; AT&T Site ID: NWPTB_ 012 and FA No. 14852570 Dear Mr. Patrick Achis: 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) PA2021-014 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 January 29, 2021. Notification of incompleteness is due by February 8, 2021. Absent tolling, the City must take final action by April 29, 2021. 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 $3,467.00 is enclosed with this letter. Questions or notices related to this Application may be directed to: John Tseheridis jtseheri@bechtel.com (714) 414-9040 PA2021-014 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, John Tseheridis, on behalf of AT&T Cc: PA2021-014