HomeMy WebLinkAbout20210218_Resolution_PC2021-004Community Development Department
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
VIA EMAIL
February 19, 2021
Reliant Land Development
Attn: Stella Shih
stella.shih@rlsusa.com
Subject: Conditional Use Permit No. UP2020-132
(PA2020-152)
1111 Camelback Street
AT&T Camelback Telecom
Dear Stella Shih,
It was a pleasure working with you on the above referenced application. Please be
advised that the subject application was approved by the Planning Commission on
February 18, 2021 and effective on March 5, 2021. A copy of the approved
resolution with findings and conditions will be sent to you when available. If you have
any questions, please do not hesitate to contact me directly. Thank you and I look
forward to working with you again in the future.
Sincerely,
pachis@newportbeachca.gov, 949-644-3237
RESOLUTION NO. PC2021-004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. UP2020-132 TO ALLOW A TELECOM FACILITY LOCATED AT 1111 CAMELBACK STREET TO EXCEED THE MAXIMUM HEIGHT LIMIT (PA2020-152)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS: SECTION 1. STATEMENT OF FACTS.
1. An application was filed by AT&T (“Applicant”) on behalf of DSI Newport Growth & Income
Fund II, LP (“Owner”) , with respect to property located at 1111 Camelback Street, and legally described as Parcel 2 of Parcel Map No. 98-175, Book 304, Pages 5 & 6 of Parcel Maps, in the County of Orange (“Property”) requesting approval of a conditional use permit (“CUP”).
2. The Applicant seeks a CUP to modify and upgrade an existing wireless facility with improvements that are over the maximum height limit (“Project”). The existing wireless facility is unscreened and located on top of the mini-storage building. The Project will install upgraded antennas at a lower height and relocated behind a new screen wall, which will
exceed the maximum height limit by 3 feet, 5 inches. The total height of the Project will be
35 feet, 5 inches, including the building and the top of the new screening. 3. The Property is designated General Industrial (IG) by the General Plan Land Use Element and is located within the North Ford Planned Community (PC5) – Area 2a Mini-Storage
Use.
4. The Property is not located within the coastal zone; therefore, a coastal development permit is not required.
5. A telephonic public hearing was held by the Planning Commission on February 18, 2021,
in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and
Chapter 20.62 (Public Hearings) of the Newport Beach Municipal Code (“NBMC”).
Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. Class 3
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consists of construction and location of limited numbers of new, small facilities or structures, including telecom facilities.
2. The Project includes the modification of an existing telecom facility with upgraded antennas, equipment, and a new screen wall on top of an existing building. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The Project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource.
SECTION 3. REQUIRED FINDINGS. Conditional Use Permit
In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits –
Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding:
1. The Property is located within the IG land use designation in the City of Newport Beach
Land Use Element of the General Plan (“Land Use Element”). The IG designation intends to provide a wide range of moderate to low-intensity industrial uses, such as light manufacturing and research and development, and limited ancillary commercial and office uses. The existing storage facility is consistent with this designation. The Project is
accessory to the existing development and provides wireless telecommunications services
to nearby employees, visitors, and residents. 2. General Plan Natural Resources Policy NR 21.1 states that signs, utilities, and antennas shall be sited and designed to minimize visual impacts. The existing telecom facility is
unscreened, but the Project would install a new screen wall matching the existing building.
The proposed design would entirely hide upgraded antennas and equipment and reduce aesthetic impacts from adjacent properties and public roadways. Any required signage would be in the smallest permissible size.
3. General Plan Land Use Policy LU 4 requires growth and change management to protect
and enhance neighborhood livability and achieve distinct and economically vital business and employment districts. It further directs for supporting infrastructure and public services. The Project complies with LU 4 by providing infrastructure to add system capacity for service gaps to business, residents, and visitors of the area in regular and high demand
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periods. It improves the existing coverage and increases the voice and data system already used by its customers.
4. The Property is not in a specific plan area. Finding:
B. The use is allowed within the applicable zoning district and complies with all other applicable
provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding:
1. The Property is located within PC5 – Area 2a Mini Storage Use. This district intends to
provide for the operation of mini-storage facilities and ancillary activities. 2. Under Chapter 20.49 (Wireless Telecommunications Facilities) of the NBMC, the Project is a Class 1 (Stealth/Screened) installation. Class 1 facilities are fully screened from view and
usually receive approval through a building permit. However, the Project will exceed the 32-
foot height limit of PC5 – Area 2a, requiring a CUP per Section 20.49.050(H) (General Development and Design Standards – Signs and Advertising) of the NBMC. 3. Section 20.49.040(A) (Telecom Facility Preferences and Prohibited Locations – Preferred
Locations) of the NBMC describes an order of telecom installation types by preference,
promoting those that result in the least visual obtrusion. The telecom facility types are as follows, beginning with the most preferred: 1) collocation of a new facility at an existing facility; 2) Class 1 (Stealth/Screened); 3) Class 2 (Visible Antennas) and Class 3 (Public Right-of-Way), Class 4 (Freestanding Structure), and Class 5 (Temporary). The proposed
Class 1 facility consists of a telecom facility that is designed to not visually dominate the
surrounding area and instead to blend into the existing block. 4. The facility is existing and there are limited opportunities for AT&T to construct telecoms elsewhere in the area. A significant amount of the target area is zoned for residential uses
where NBMC Chapter 20.49 (Wireless Telecommunications Facilities) precludes telecom
facility installations. 5. The Project would adhere to Federal Communications Commission (FCC) Rules and Regulations regarding safety and radio frequency (RF) emissions.
6. The Project would comply with requirements of the NBMC with construction as shown on the plans and implementation of the conditions of approval. Finding:
C. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity.
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Facts in Support of Finding:
1. The proposed design of the facility has a consistent bulk and massing with the surrounding
context along Camelback Street. The existing telecom facility is unscreened and sits on top of a two-story, mini-storage building. Proposed modifications include four 6-foot-tall antenna arrays behind a new 8-foot-tall screen wall centered on top of the building. At 66 feet in length, the screen wall would extend across only one-third of the building’s frontage. The
color and texture of the screen wall will match the building and will create the appearance
of a standard roof-top equipment enclosure. These modifications will not look out of character with the surrounding neighborhood context containing one- and two-story office and industrial buildings. The surrounding landscape and topography further act to buffer the facility from residences.
2. The Project does not require on-site employees for operation. There would be no impact on traffic circulation. The Project’s conditions of approval limit potential for adverse effects on adjacent land uses such as the generation of noise, odor, and smoke.
3. The nearest residential properties are approximately 120 feet east of the Project site. Large
landscape areas and the 60-foot wide rights-of-way separate the residences from the Project. Abutting the residences is a 50-foot wide landscaped area that slopes down approximately 25-feet and contains tall mature trees that range from 30 to 50 feet in height. The tree canopies and downward slope mask the facility from residences east of the site.
4. Views from the residences approximately 185 feet southwest, below the La Felicidad right of way, are buffered by landscaping and rights-of-way as well. These residences are approximately 6 feet lower than the Property and no views orient directly to the Project. Looking from the southwest corner of La Felicidad, the facility’s presence would be reduced
by its placement on the building and the existing landscaping on-site. The design places
the proposed screen wall near the center of the building frontage with around 60 feet of clearance on either side, offsetting the bulk seen from the southwest. Additionally, the existing 30 to 40-foot-tall trees in the existing landscaped area on-site would further blend the facility. For the reasons listed above, the Project is anticipated to coordinate well into
the existing content along Camelback Street. As conditioned, the existing landscaping on-
site will be maintained to help enhance and produce a complementary visual screening of the site that blends with the surrounding environment. 5. The Project will not result in any material changes to the character of the local community.
The Project will help to enhance coverage and capacity for employees, visitors and
residents in the area by providing telecom access to voice and data transmission services. Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities. Facts in Support of Finding:
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1. Adequate public and emergency vehicle access, public services, and utilities are provided
to and around the Property and the proposed continuation of an existing use will not change
this. 2. The Public Works Department, Building Division, Police Department, and Fire Department have reviewed the Project and do not have any concerns regarding access, public services,
or utilities provided to the existing neighborhood and surrounding area. Finding:
E. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard
to the public convenience, health, interest, safety, or general welfare of persons residing or
working in the neighborhood of the proposed use.
Facts in Support of Finding:
1. The Project will comply with the applicable rules, regulations and standards of the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC), thus ensuring public health and safety.
2. The Project will only require periodic maintenance and will not generate any type of
significant adverse impacts to the environment, such as noise, odor, smoke, etc. 3. See Facts in Support of Findings B and C in their entirety, which is hereby incorporated by reference.
4. The Project effectively blends into the community based upon the design and required conditions of approval. As a result, the Project at this location is not expected to be materially detrimental to nearby property owners, residents, and businesses, nor to public health or safety.
Wireless Telecommunications Facility Specific Findings In accordance with Section 20.49.060(H)(1) (Permit Review Procedures – Required Findings for Telecom Facilities - General) of the NBMC, the following additional findings and facts in
support of such findings are set forth: Finding:
F. The Project is visually compatible with the surrounding neighborhood.
Fact in Support of Finding: 1. See all Facts in Support of Findings B and C, which are hereby incorporated by reference.
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Finding:
G. The Project complies with height, location and design standards, as provided for in this
chapter. Facts in Support of Finding:
1. The Project is designed to visually integrate with the existing mini-storage building. All
telecom equipment on top of the building would be concealed behind a painted-to-match 8-foot screen wall. 2. The Project’s location is in an industrial area where adverse impacts to surrounding land
uses are minimized to the greatest extent feasible.
3. See all Facts in Support of Findings B and C, which are hereby incorporated by reference.
Finding:
H. An alternative site(s) located further from a residential district, public park or public facility
cannot feasibly fulfill the coverage needs fulfilled by the installation at the proposed site.
Facts in Support of Finding:
1. The Applicant’s justification explains the proposed updates to the existing facility resolve specific coverage deficiencies near in the vicinity, especially the surrounding residential development. Coverage maps produced by the Applicant demonstrate that the Project improves telecom service within the vicinity.
2. The proposed modifications to the existing facility are located on a mini-storage building separated from residential districts and not near public parks. The closest public facility is Bonita Creek Park located approximately 1,700 feet northwest of the Project site. The design of the Project minimizes its visibility to surrounding residential development, as well
as to vehicle traffic along Camelback Road.
3. The Project site shows viability to maintain and balance the Applicant’s needs for radio frequency (RF) coverage and capacity while keeping a distance from single-family residential areas.
Finding:
I. An alternative plan that would result in a higher preference facility class category for the Project is not available or reasonably feasible and desirable under the circumstances.
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Facts in Support of Finding:
1. As a Class 1 facility, the Project is the second most preferred installation after collocation.
The facility is existing and there are limited opportunities for AT&T to construct telecoms elsewhere in the area. A significant amount of the target area is zoned for residential uses where Chapter 20.49 (Wireless Telecommunications Facilities) of the NBMC precludes telecom facilities. The Applicant additionally determined that installation of the antennas
onto building façades would yield antenna heights that are too low resulting in signals being
blocked. 2. The Applicant assessed possible design alternatives that could reduce the height to lessen visual bulk, including setting the screen wall back from the edge of the roof. However, these
alternatives were found to be more visually intrusive than the proposed design. For every
foot the screen wall is setback from the roof, it must be designed equally taller to propagate the same level of service. The Applicant looked at a setback of 4 feet from the roof, so the height of the screen wall in this scenario needs to be increased 4 feet in height. This alternate design required a 12-foot screen wall compared to the 8 feet of the proposed
project, which would result in a requested increase of 7 feet, 5 inches.
3. Proposed modifications to the facility will allow the maintenance and enhancement of existing coverage and capacity.
Wireless Telecommunications Facility Height Increase Findings
Per NBMC Section 20.49.060(H)(2) (Required Findings for Telecom Facilities - Findings to Increase Height), the Planning Commission may approve a telecom facility that includes a request to exceed the maximum height limit for the zoning district in which the facility is located
up to a maximum of fifteen (15) feet only after making each of the following findings in addition
to the general conditional use permit and telecom findings. Finding:
J. The increased height will not result in undesirable or abrupt scale changes or relationships
between the Project and existing developments or public spaces.
Facts in Support of Finding:
1. See all Facts in Support of Findings B and C, which are hereby incorporated by reference.
2. The increased height will not produce an undesirable or abrupt scale change within the existing industrial context. The proposed screen wall is conditioned such that it will be designed to blend well with nearby buildings and the streetscape along Camelback Street.
3. The Project is situated approximately 130 feet above sea level with intervening topography and a public road in between the site and the adjacent residential neighborhoods. From the southeast residential properties, visibility of the proposed replacement facility will be minimized.
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Finding:
K.Establishment of the Project at the requested height is necessary to provide service.
Facts in Support of Finding:
1.The objective of the Project is to resolve the coverage deficiencies and improve network
reliability to the AT&T customers in the vicinity.
2.Approving the increased height to a maximum of 35 feet, 5 inches will not only allow formaintenance of existing coverage, but will provide an opportunity for the carrier to
enhance coverage and improve capacity for the nearby businesses and residential
neighborhoods. Upgraded antennas would be installed at a lower height than thatexisting and be relocated behind a new screen wall that exceeds the maximum heightlimit by 3 feet, 5 inches.
3.Without the height increase, the facility must abide by a 32-foot default height limit that
would severely impede the upgraded antennas' efficiency. A letter from the Applicant'slicensed radio frequency engineer affirms that the height increase is essential becauseof technical constraints. This justification outlines that a positive correlation existsbetween facility height and coverage. That is, the higher an antenna is, the larger the
service area. Additionally, the bottom of the antennas must maintain a vertical roof
clearance to avoid signal interference. The requested height increases the facility 3 feet,5 inches above the maximum allowed, but is compatible with the surrounding contextalong Camelback Street and is necessary to provide the required service.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Planning Commission of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQAGuidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it hasno potential to have a significant effect on the environment.
2.The Planning Commission of the City of Newport Beach hereby approves Conditional Use
Permit No. UP2020-132 (PA2020-152) subject to the conditions set forth in Exhibit “A,”which is attached hereto and incorporated by reference.
3.This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 (Planning and Zoning), of the Newport Beach MunicipalCode.
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PASSED, APPROVED, AND ADOPTED THIS 18th DAY OF FEBRUARY, 2021.
AYES: Ellmore, Klaustermeier, Koetting, Lowrey, Rosene, and Weigand
NOES:
ABSTAIN:
ABSENT: Kleiman
BY: -------------Erik Weigand, Chairman
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1.The Project shall be in substantial conformance with the approved site plan and buildingelevations stamped and dated with the date of this approval (except as modified by
applicable conditions of approval).
2.The Project is subject to all applicable City ordinances, policies, and standards, unlessspecifically waived or modified by the conditions of approval.
3.The Applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this UsePermit.
4.The telecom facility approved by this permit shall comply with all applicable Federal and
State rules, regulations, and standards.
5.The telecom facility shall not exceed a height of 35 feet, 5 inches, measured from
existing finished surface and as shown on the approved plans with the date of thisapproval.
6.All electrical and antenna wiring shall be encased within the facility and not visible frompublic view.
7.The telecom facility approved by the Use Permit shall comply with any easements,
covenants, conditions, or restrictions on the underlying City-trust property upon which
the facility is located.
8.Anything not specifically approved by this permit is not permitted and must be addressedin a separate and subsequent review.
9.Prior to building permit final, a Height Certification Inspection shall be required. The
facility approved by this permit shall not exceed a total of 35 feet, 5 inches (35’ 5”) in
height from existing grade.
10.Prior to plan check approval, the Applicant must submit a materials board of the
proposed screen wall to the Planning Division that demonstrates construction materials
will seamlessly blend with the base structure’s color and texture as depicted in the visual
simulation of this approval.
11.Prior to final of building permits, the Applicant shall schedule an inspection by the
Planning Division to ensure materials and colors match existing architecture as
illustrated in the approved photographic simulations and in conformance with NBMC
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Section 20.49.050 (Wireless Telecommunications Facilities – General Development and Design Standards).
12. Prior to building permit issuance, all contractors and subcontractors shall have a valid
City of Newport Beach business license. 13. The Applicant shall continually maintain the telecom facility so that it retains its original appearance at the time the building permit is finaled by the City of Newport Beach.
14. On an annual basis, the Applicant shall conduct maintenance inspections of the telecom facility and make all necessary repairs. The Community Development Director may require additional inspections and/or maintenance activities at his/her discretion.
15. The Applicant shall not prevent the City of Newport Beach from having adequate
spectrum capacity on the City's 800 MHz radio frequencies at any time. 16. The telecom facility shall transmit at the approved frequency ranges established by the FCC. The Applicant shall inform the City in writing of any proposed changes to the
frequency range in order to prevent interference with the City's Public Safety radio
equipment. 17. The telecom facility shall at no time interfere with the frequencies used by the City of Newport Beach for public safety. “Comprehensive advanced planning and frequency
coordination” engineering measures shall prevent interference, especially in the choice
of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public-Safety Communications Officials-International, Inc. ("APCO"), and as endorsed by the FCC.
18. Should interference with the City's Public Safety radio equipment occur, use of the
telecom facility authorized by this permit may be suspended until the radio frequency interference is corrected and verification of the compliance is reported. 19. The Applicant shall provide a "single point of contact" for the carrier in its Engineering
and Maintenance Departments that is monitored 24 hours per day to ensure continuity
on all interference issues, and to which interference problems may be reported. The name, telephone number, fax number, and email address of that person shall be provided to the Community Development Department and Newport Beach Police Department's Support Services Commander prior to activation of the facility. If the point
of contact changes, the City shall be immediately alerted and updated.
20. No advertising signage or identifying logos shall be displayed on the telecom facility except for small identification, address, warning, and similar information plates. A detail of the information plates depicting the language on the plate shall be included in the
plans submitted for issuance of building permits.
21. Appropriate information warning signs or plates shall be posted on the base streetlight pole of the transmitting antenna. In addition, contact information (e.g., a telephone number) shall be provided on the warning signs or plates. The location of the information
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warning signs or plates shall be depicted on the plans submitted for construction permits. Signage required by State or federal regulations shall be allowed in its smallest
permissible size.
22.The Applicant shall ensure that its telecom facility complies with the most currentregulatory, operations standards, and radio frequency emissions standards adopted bythe FCC. The Applicant shall be responsible for obtaining and maintaining the most
current information from the FCC regarding allowable radio frequency emissions and all
other applicable regulations and standards. This information shall be made available bythe Applicant upon request of the Community Development Director.
23.Any operator who intends to abandon or discontinue use of a telecom facility must notify
the Planning Division by certified mail no less than thirty (30) days prior to such action.
The operator shall have ninety (90) days from the date of abandonment ordiscontinuance to reactivate use of the facility, or remove the telecom facility and restorethe site.
24. Conditional Use Permit No. UP2020-132 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.54.060 (Permit Implementation,Time Limits, and Extensions - Time Limits and Extensions) of the Newport BeachMunicipal Code, unless an extension is otherwise granted.
25.This Conditional Use Permit may be modified or revoked by the Planning Commission
should they determine that the proposed uses or conditions under which it is beingoperated or maintained is detrimental to the public health, welfare or materially injuriousto property or improvements in the vicinity or if the property is operated or maintainedso as to constitute a public nuisance.
26.Any change in operational characteristics, expansion in area, or other modification tothe approved plans, shall require an amendment to this Use Permit or the processing ofa new Use Permit.
27.A copy of the Resolution, including conditions of approval Exhibit “A” shall be
incorporated into the Building Division and field sets of plans prior to issuance of thebuilding permits.
28.The Applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA).
In compliance with the MBTA, grading, brush removal, building demolition, tree
trimming, and similar construction activities shall occur between August 16 and January31, outside of the peak nesting period. If such activities must occur inside the peaknesting season from February 1 to August 15, compliance with the following is requiredto prevent the taking of Native Birds pursuant to MBTA:
A.The construction area shall be inspected for active nests. If birds are observed flyingfrom a nest or sitting on a nest, it can be assumed that the nest is active. Constructionactivity within 300 feet of an active nest shall be delayed until the nest is no longeractive. Continue to observe the nest until the chicks have left the nest and activity is no
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longer observed. When the nest is no longer active, construction activity can continue in the nest area.
B.It is a violation of state and federal law to kill or harm a native bird. To ensurecompliance, consider hiring a biologist to assist with the survey for nesting birds, andto determine when it is safe to commence construction activities. If an active nest isfound, one or two short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
29.Prior to the issuance of a building permit, the Applicant shall pay any unpaidadministrative costs associated with the processing of this application to the PlanningDivision.
30.All noise generated by the proposed use shall comply with the provisions of Chapter10.26 (Community Noise Control) and other applicable noise control requirements of theNBMC. The maximum noise shall be limited to no more than depicted below for thespecified time periods unless the ambient noise level is higher:
Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
31.Construction activities shall comply with Section 10.28.040 (Construction Activity –Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of
noise-generating construction activities that produce noise to between the hours of 7:00a.m. and 6:30 p.m., Monday through Saturday. Noise-generating construction activitiesare not allowed on Sundays or Holidays.
32.To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agentsfrom and against any and all claims, demands, obligations, damages, actions, causes ofaction, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (includingwithout limitation, attorney’s fees, disbursements and court costs) of every kind and naturewhatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of AT&T Camelback Telecom including, but not limited to, Conditional Use PermitNo. UP2020-132 (PA2020-152). This indemnification shall include, but not be limited to,damages awarded against the City, if any, costs of suit, attorneys' fees, and otherexpenses incurred in connection with such claim, action, causes of action, suit orproceeding whether incurred by applicant, City, and/or the parties initiating or bringing such
proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees,and damages which City incurs in enforcing the indemnification provisions set forth in this
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condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition.
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