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Home My WebLink About20190610_ApplicationCommunity Development Department Planning Permit Application CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment F:\Users\CDD\Shared\Admin\Planning_Division\Applications\Application_Guidelines\Planning Permit Application - CDP added.docx Rev: 01/24/17 1.Check Permits Requested: Approval-in-Concept - AIC # Lot Merger Staff Approval Coastal Development Permit Limited Term Permit - Tract Map Waiver for De Minimis Development Seasonal < 90 day >90 days Traffic Study Coastal Residential Development Modification Permit Use Permit -Minor Conditional Condominium Conversion Off-Site Parking Agreement Amendment to existing Use Permit Comprehensive Sign Program Planned Community Development Plan Variance Development Agreement Planned Development Permit Amendment -Code PC GP LCP Development Plan Site Development Review - Major Minor Other: Lot Line Adjustment Parcel Map 2.Project Address(es)/Assessor’s Parcel No(s) 3.Project Description and Justification (Attach additional sheets if necessary): 4.Applicant/Company Name Mailing Address Suite/Unit City State Zip Phone Fax Email 5.Contact/Company Name Mailing Address Suite/Unit City State Zip Phone Fax Email 6.Owner Name Mailing Address Suite/Unit City State Zip Phone Fax Email 7.Property Owner’s Affidavit*: (I) (We) 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. Signature(s): ________________________________ Title: Date: DD/M0/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. AT&T to remove and replace existing concrete streetlight; install a single omni-directional antenna with related radio equipment within a radome shroud mounted at the top of the new streetlight within the public right of way. See attached project plans and description for additional details. Exhibit A PA2019-108 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: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ PA2019-108 Exhibit - E PA2019-108 M Squared Wireless 1387 Calle Avanzado, San Clemente, CA 92673 June 10, 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: 606 [CS] Avocado Avenue (SLC4735); AT&T Site ID HBNPB_042 and FA No. 14807371 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. Evidence of compliance with FCC RF rules: FCC Appendix A – categorically excluded (Exhibit F) 8. Photo simulations (Exhibit G) 9. Preferred location/alternatives analysis; see Exhibit B -‐ Project Description and Justification. 10. Maintenance and Monitoring; see Exhibit B -‐ Project Description and Justification. 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 PA2019-108 AT&T Small Cell Application City of Newport Beach Page 2 of 3 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 June 10, 2019. • Notification of incompleteness is due by June 20, 2019. • Absent tolling, the City must take final action by September 9, 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. The FCC set a standard for fees such that only objectively reasonable cost-‐based fees may be imposed on a nondiscriminatory basis. The FCC established a safe harbor for presumptively reasonable fees: $500 for non-‐recurring fees for an application including up to five small cells, plus $100 for each small cell beyond five, or $1,000 for non-‐recurring fees for a new pole to support small cells. In addition, California Government Code 50030 limits permit fees for telecommunications installations to the reasonable cost-‐based fees. The city requires a deposit for application fees, which is subject to a future invoice after the application is reviewed and processed. AT&T is concerned that the city’s fees may be excessive and may violate the FCC’s standard and the state-‐law standard for lawful fees. AT&T is submitting its application and its initial deposit for application fees in order to avoid disruption to its business, but it does so under protest and explicitly reserves its rights to pursue any and all legal remedies for excessive fees. Questions or notices related to this Application may be directed to: Franklin Orozco Michele Vernotico forozco@interlinkpg.com michele@interlinkpg.com (619) 632-‐2569 (949) 922-‐1334 PA2019-108 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, Franklin Orozco, Agent on behalf of AT&T and Ericsson PA2019-108 FCC/LSGAC Local Official’s Guide to RF APPENDIX A Optional Checklist for Determination Of Whether a Facility is Categorically Excluded Exhibit FPA2019-108 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)(1) 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: 2. Facility Operator’s Mailing Address: 3. Facility Operator’s Contact Name/Title: 4. Facility Operator’s Office Telephone: 5. Facility Operator’s Fax: 6. Facility Name: 7. Facility Address: 8. Facility City/Community: 9. Facility State and Zip Code: 10. Latitude: 11. Longitude: continue PA2019-108 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): 13. Structure Type (free-standing or building/roof-mounted): 14. Antenna Type [omnidirectional or directional (includes sectored)]: 15. Height above ground of the lowest point of the antenna (in meters): 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 PA2019-108 FCC/LSGAC Local Official’s Guide to RF TABLE 1 (cont.) SERVICE (TITLE 47 CFR RULE PART) EVALUATION REQUIRED IF: Personal Communications Services (part 24) (1) Narrowband PCS (subpart D): 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 (part 25) all included General Wireless Communications Service (part 26) total power of all channels > 1640 W EIRP Wireless Communications Service (part 27) total power of all channels > 1640 W EIRP Radio Broadcast Services (part 73) all included PA2019-108