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Home My WebLink AboutPA2021-311_20211223_Application_SignedI:\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: ________________________________________________________________________________________ PA2021-311 EXHIBIT A 12/20/2021 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 Small Cell Wireless Facility at the following location(s): 205 41st Street, Newport Beach, CA 92663; CRAN_RLOS_BEACH_Node_005 FA# 14807235 Dear Community Development Department: 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, this application includes the following materials and information: Minor Use Permit Application (Exhibit A) Project Description and Justification (Exhibit B) Public Noticing Materials (Exhibit C) Plans; four (4) sets of 11” x 17” drawings (Exhibit D) Letter of Authority (Exhibit E) Pole ownership information, construction responsibilities and maintenance: - The subject pole is owned and operated by City of Newport Beach (“City”). - The City will retain ownership of the existing structure and AT&T will be responsible for the replacement, maintenance and repairs of such structure. - AT&T and the City will finalize the site license agreement upon permit issuance. - AT&T will maintain the antenna communication portion of the new facility. - AT&T will replace the existing streetlight as shown on the plans. - Details of the existing and new pole height, diameter and antenna equipment is provided on the attached plans. - The project will be designed without a meter pedestal subject to the city’s issuance of a meter denial letter. Coverage maps (Exhibit F) Evidence of compliance with FCC RF rules: FCC Appendix A – categorically excluded (Exhibit G) Copy of FCC license: FCC OC---LA License (Exhibit H). Certificate of Public Convenience and Necessity (Exhibit I) Visual simulations are attached for this project (Exhibit J) PA2021-311 AT&T Small Cell Application City of Newport Beach Page 2 of 3 Application Review Under federal law, the City of Newport Beach 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 of Newport Beach 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 of Newport Beach 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 City of Newport Beach fails to act before the shot clock expires, the City of Newport Beach will be in violation of state and federal laws.  This Application was filed on December 22, 2021.  Notification of incompleteness is due by January 3, 2021.  Absent tolling, the City of Newport Beach must take final action by March 23, 2022. The City of Newport Beach 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 of Newport Beach 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/ies do not incommode the public way. Payment of application fees totaling $4,800.00 is enclosed with this letter. [OPTION 1 (Flat Fee): 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’s application fee greatly exceeds the FCC’s standard and is inconsistent with the state-law standard. AT&T considers the fee for this application to be excessive and potentially unlawful under federal and state laws. In the interest of expediency, AT&T is submitting its application and the excessive fee in order to avoid disruption to its business, but PA2021-311 AT&T Small Cell Application City of Newport Beach Page 3 of 3 it does so under protest and explicitly reserves its rights to pursue any and all legal remedies for the excessive nature of the fee.] [OPTION 2 (Replenishing Deposit): 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 requests for replenishment as 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.] [OPTION 3 (Deposit from Invoice): 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: Name: John Tseheridis Email: jtseheri@bechtel.com Address: 16808 Armstrong Ave., Suite 225 Address: Irvine, CA 92606 Telephone: (714) 414-9040 We look forward to working with you to complete this/these wireless communications project(s) in City of Newport Beach. Sincerely, John Tseheridis, on behalf of AT&T Cc: PA2021-311