HomeMy WebLinkAbout05_Dish Wireless Coastal Development Permit_PA2021-301
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
October 27, 2022
Agenda Item No. 5
SUBJECT: DISH Wireless (PA2021-301)
▪ Coastal Development Permit
SITE LOCATION: 2865 and 2867 (CS) East Coast Highway
APPLICANT: DISH Wireless
OWNER: Ocean Ridge Plaza LLC, Abdul Mozayeni
PLANNER: Joselyn Perez, Assistant Planner
949-644-3312, jperez@newportbeachca.gov
LAND USE AND ZONING
• General Plan Land Use Plan Category: CC (Corridor Commercial)
• Zoning District: CC (Commercial Corridor)
• Coastal Land Use Plan Category: CC-B (Corridor Commercial – (0.0 – 0.75 FAR))
• Coastal Zoning District: CC (Commercial Corridor)
PROJECT SUMMARY
A request for a coastal development permit (CDP) to allow the collocation of a new Class
1 (Stealth/Screened) wireless telecommunications facility on the rooftop of an existing
commercial building. The project includes the installation of up to six (6) antennas, 12
remote radio units, related support equipment, and two (2) fiber-reinforced plastic (FRP)
screens. The height of the new FRP screening will match the height of the existing FRP
screening around the other rooftop antenna arrays by other carriers.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities), and 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 and that the exceptions to the
Class 3 exemption do not apply; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving the Coastal
Development Permit (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
• The subject property is located within the Commercial Corridor (CC) Coastal Zoning
District. Wireless Telecommunication Facilities (i.e., telecom facilities) are listed in
Table 21.20-1 of the Newport Beach Municipal Code (NBMC) as an allowed use
within the CC District.
• The telecom facility will be installed on the rooftop of an existing three -story
commercial building. The building was built in 1965, in accordance with Variance
No. VA0801. VA0801 allowed the building to be constructed to a height of 40 feet.
There is an existing projecting sign on the building, installed sometime between
1965 and 1985, which extends above the parapet of the building and the existing
rooftop FRP screens.
• The existing telecom facilities and related infrastructure were initially permitted for
the site in 1995, under plan check numbers, 2233-94 (94005951) and 740-95
(95001958). The current configuration features two rooftop arrays of antennas
behind FRP screen walls. The project will bring the total number of antenna arrays
and screen walls to four. Support equipment for the telecom facility will be placed
behind the westerly FRP screen wall. The rooftop is also developed with other, non-
telecom-related, mechanical equipment.
• The subject property was surveyed on March 27, 2022. Modern technology has
measured the top of the building at an elevation of 144.20 North American Vertical
Datum 88 (NAVD88) with the top of existing FRP screening at 150.71 (NAVD88) or
approximately 36 feet, 7-inches above grade and 43 feet above grade, respectively.
The new FRP screen walls are proposed to match the height of the existing FRP
screen walls.
• A CDP is required because the proposed modification to the existing telecom
infrastructure is considered a substantial change. As defined in Section 21.49.090
(Modification and Collocation of Existing Telecom Facilities), a substantial change
occurs when the proposed modification exceeds five percent of the physical
dimensions of the originally approved telecom facility.
Wireless Telecommunications Facilities
• The project uses collocation which is defined as the installation of multiple telecom
facilities on the same building or structure. This approach is the most preferred
installation per Section 21.49.040 (Telecom Facility Preferences and Prohibited
Locations).
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• The telecom facility is considered a Class 1 (Stealth/Screened) facility. A Class 1
facility is defined in Section 21.49.030 (Definitions) as “a facility with antennas
mounted on an existing or proposed nonresidential building or other structure not primarily tended to be an antenna support structure where antennas and support equipment, including the base station, are fully screened so that they are not visible to the general public”.
• Section 21.49.050 (General Development and Design Standards) encourages telecom facilities to be architecturally compatible and integrated into the structure. The proposed FRP screen walls, which will fully screen the telecom facility from view,
are light brown in color and intended to complement the brown brick façade of the
existing building. The FRP screen walls are set back approximately 5 feet from the edge of the roof. This setback creates modulation rather than the FRP screen walls appearing like a monolithic extension of the building. The proposed FRP screen walls will match the design of the other existing FRP screen walls. Visual simulations of
the proposed telecom facility are available as Attachment No. ZA 5 (Visual
Simulations).
• Conditions of Approval have been included in Exhibit “A” of the draft resolution to
ensure the FRP screen walls not only fully screen the telecom facility but are periodically inspected and maintained.
Public Access and Views
• An initial evaluation was conducted of the project site in accordance with Section 21.30.100 (Scenic and Visual Quality Protection) to evaluate any potential impact on public views. The project site is not located between the first public roadway and the sea, the project site is not located on a coastal bluff or canyon, and the project site is
not adjacent to a coastal view road, public access way, or Coastal Viewpoint as
identified in the Coastal Land Use Plan. Furthermore, the development site contains no natural landforms or vegetation. The initial evaluation did not indicate that the project has the potential to significantly impact a public view or viewshed or the scenic and visual qualities of the coastal zone.
• The nearest designated Public Viewpoint is located approximately 1,200 feet to the west of the project site, at Begonia Park. The subject property is situated further inland than Begonia Park, at a higher elevation, and not visible from the park.
Similarly, the nearest designated Coastal View Road, Ocean Boulevard, is
approximately 1,800 feet west of the site. Once again, the subject property is further inland than the road, at a higher elevation, and not visible from the road. The project site has the potential to be seen from other non-designated points within the City, specifically from higher elevations that look out toward the Ocean. In these cases,
the project site is located within the highly developed commercial corridor of Corona
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del Mar village. The FRP screen walls are anticipated to blend in with the existing
cityscape of the village.
• The project does not involve a change in land use, density, or intensity, that will result
in increased demand for public access and recreation opportunities. The project is
located over 2,000 feet from the coast and has no obstructive features that will
impede access to the coast.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
both Section 15301 under Class 1 (Existing Facilities) and 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 1 exempts both interior and exterior alterations involving such things as interior
partitions, plumbing, and electrical conveyances while Class 3 exempts the installation of
small new equipment and facilities in small structures. The proposed project consists of
the installation of a new collocated telecom facility (i.e., equipment) and new FRP
screening (i.e., minor alteration) on the rooftop of an existing building
The exceptions to the Class 3 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, and is not a hazardous waste site, and is not identified as
a historical resource.
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
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APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 (Local Coastal
Implementation Plan) of the Newport Beach Municipal Code. The project site is not located
within the appeal area of the coastal zone; therefore, final action by the City may not be
appealed to the California Coastal Commission.
Prepared by:
BMZ/jp
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Applicant’s Project Description
ZA 4 Coverage Maps
ZA 5 Visual Simulations
ZA 6 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2022-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO ALLOW THE
COLLOCATION OF A NEW CLASS 1 (STEALTH/SCREENED) WIRELESS TELECOMMUNICATIONS FACILITY ON THE ROOFTOP OF AN EXISTING COMMERCIAL BUILDING LOCATED AT 2865 and 2867 (CS) EAST COAST HIGHWAY (PA2021-301).
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS.
1. An application was filed by DISH Wireless (Applicant), with respect to property located at 2865 and 2867 (CS) East Coast Highway, and legally described as a portion of Lots 1, 3, 5, and 6, Block F, of Tract 323, a Resubdivision of a portion of Corona Del Mar, requesting approval of a coastal development permit (CDP).
2. The Applicant proposes to collocate a new Class 1 (Stealth/Screened) wireless telecommunications facility on the rooftop of an existing commercial building. The project includes the installation of up to six (6) antennas, 12 remote radio units, related support equipment, and two (2) fiber-reinforced plastic (FRP) screen walls. The height of the new
FRP screening will match the height of the existing FRP screening around the other rooftop antenna arrays by other carriers. 3. The subject property is categorized as Corridor Commercial (CC) by the General Plan Land Use Element and is located within the Commercial Corridor (CC) Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is CC-B (Corridor Commercial – (0.0 – 0.75 FAR)) and it is located within the CC (Commercial Corridor) Coastal Zone District.
5. A public hearing was held on October 27, 2022, online via Zoom. A notice of time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to and considered by, the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is categorically exempt pursuant to Title 14 of the California Code of Regulations under Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the State CEQA
(California Environmental Quality Act) Guidelines, Division 6, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) because the project has no potential to have a significant effect on the environment.
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2. Class 1 exempts both interior and exterior alterations involving such things as interior
partitions, plumbing, and electrical conveyances while Class 3 exempts the installation
of small new equipment and facilities in small structures. The proposed project consists
of the installation of a new collocated telecom facility (i.e., equipment) and new FRP
screening (i.e., minor alteration) on the rooftop of an existing building.
3. The exceptions to the Class 3 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, and is not a hazardous waste site, and
is not identified as a historical resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (Coastal Development Permits, Findings, and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The subject property is located within the CC (Commercial Corridor) Coastal Zoning
District. Wireless Telecommunication Facilities (i.e., telecom facilities) are listed in Table
21.20-1 of the NBMC as an allowed use within the CC District.
2. The telecom facility will be installed on the rooftop of an existing three (3)-story commercial
building. The existing building was constructed in 1965, with Variance No. VA0801.
VA0801 allowed the building to be constructed to a height of 40 feet. An existing projecting
sign, installed sometime between 1965 and 1985, extends above the parapet of the
building and existing rooftop FRP screening. The subject property was surveyed on March
27, 2022. Modern technology has measured the top of the building at an elevation of
144.20 feet based on the North American Vertical Datum 88 (NAVD88) with the top of
existing FRP screening at 150.71 feet (NAVD88). These elevations are approximately 36
feet, 7-inches above grade, and 43 feet above grade, respectively. The new FRP screen
walls are proposed to match the height of the existing FRP screen walls, such that the
overall height of the building will not increase.
3. The existing telecom facilities and related infrastructure were initially permitted for the site
in 1995, under plan check numbers 2233-94 (94005951) and 740-95 (95001958). The
current configuration features two (2) rooftop arrays of antennas behind FRP screen walls.
The project will bring the total number of antenna arrays and screen walls to four (4). The
rooftop is also developed with other, non-telecom-related, mechanical equipment.
4. A CDP is required because the proposed modification to the existing telecom infrastructure
is considered a substantial change. As defined in Section 21.49.090 (Modification and
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Collocation of Existing Telecom Facilities), a substantial change occurs when the
modification exceeds five (5) percent of the physical dimensions of the originally approved
telecom facility.
5. The proposed project uses collocation, which is defined as the installation of multiple
telecom facilities on the same building or structure. This approach is the most preferred
installation per NBMC Section 21.49.040 (Telecom Facility Preferences and Prohibited
Locations).
6. The telecom facility is considered a Class 1 (Stealth/Screened) facility. A Class 1 facility is
defined in NBMC section 21.49.030 (Definitions) as “a facility with antennas mounted on
an existing or proposed nonresidential building or other structure not primarily tended to
be an antenna support structure where antennas and support equipment, including the
base station, are fully screened so that they are not visible to the general public”. The
proposed FRP screen walls fully screen the telecom facility from view.
7. Support equipment associated with the operation of the telecom facility will be placed
behind the westerly FRP screen wall and not visible to the general public.
8. No new lighting is proposed as part of the telecom facility installation.
9. Section 21.49.050 (General Development and Design Standards) encourages telecom
facilities to be architecturally compatible and integrated into the structure. The proposed
FRP screen walls are light brown in color and intended to complement the brown brick
façade of the existing building. The FRP screen walls are set back approximately 5 feet
from the edge of the roof. This setback creates modulation rather than the FRP screen
walls appearing like a monolithic extension of the building. The proposed FRP screen walls
will replicate the design of the other existing FRP screen walls and are the minimum size
required to adequately screen the telecom facility.
10. An initial evaluation was conducted of the project site in accordance with NBMC Section
21.30.100 (Scenic and Visual Quality Protection). The project site is not located between
the first public roadway and the sea, the project site is not located on a coastal bluff or
canyon, and the project site is not adjacent to a coastal view road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. Furthermore, the
development site contains no natural landforms or vegetation. The initial evaluation did not
indicate that the project has the potential to significantly impact a public view or viewshed
or the scenic and visual qualities of the coastal zone.
11. The nearest designated Public Viewpoint is located approximately 1,200 feet to the west
of the project site, at Begonia Park. The subject property is situated further inland than
Begonia Park, at a higher elevation, and not within the viewshed of the park. Similarly, the
nearest designated Coastal View Road, Ocean Boulevard, is approximately 1,800 feet
west of the site. The subject property is further inland than the road, at a higher elevation,
and not within the viewshed of the road. The project site does have the potential to be seen
from other non-designated points within the City, specifically from higher elevations that
look out toward the ocean. In these cases, the project site is located within the highly
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developed commercial corridor of Corona del Mar village. The FRP screen walls are
anticipated blend in with the existing cityscape of the village.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Fact in Support of Finding:
1. The project site is not located between the nearest public road and the sea or shoreline.
NBMC Section 21.30A.040 (Determination of Public Access/Recreation Impacts) requires
that the provision of public access bear a reasonable relationship between the requirement
and the project’s impact and be proportional to the impact. In this case, the project will
collocate a telecom facility on the rooftop of an existing commercial building. The project
does not involve a change in land use, density, or intensity, that will result in increased
demand for public access and recreation opportunities. The project has no obstructive
features that will impede access to the coast.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) and 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. 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, and
is not a hazardous waste site, and is not identified as a historical resource.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit (PA2021-301), 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 or call for review is filed with the
Community Development Director in accordance with the provisions of Title 21 Local
Coastal Program (LCP) Implementation Plan, of the Newport Beach Municipal Code.
The project site is not located within the appeal area of the coastal zone; therefore, final
action by the City may not be appealed to the California Coastal Commission.
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PASSED, APPROVED, AND ADOPTED THIS 27TH DAY OF OCTOBER, 2022.
_____________________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division
1. The development shall be in substantial conformance with the approved site plan and
building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new Coastal Development Permit.
2. The telecom facility approved by this permit shall comply with all applicable rules, regulations, and standards of the Federal Communications Commission (“FCC”) and the California Public Utilities Commission (“CPUC”).
3. The telecom facility approved by the permit shall comply with any easements,
covenants, conditions, or restrictions on the underlying real property upon which the facility is located. 4. The telecom approved by this permit shall not exceed 43 feet in height from grade at the
base of the building, as depicted on the project plans attached to the staff report dated
October 27, 2022. A Height Certification Inspection shall be required prior to the final building permits. 5. Prior to issuance of a building permit, a copy of the Resolution, including conditions of
approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans. 6. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning
Division.
7. Prior to the final 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 conformance with Section 21.49.050 (General Development and Design Standards) of the NBMC.
8. The Applicant shall continually maintain the wireless telecom facility so that it retains its original appearance at the time the building permit receives final inspection by the City.
9. On an annual basis, the Applicant shall conduct maintenance inspections of the wireless
telecom facility, including the monopole, equipment enclosure areas, and walls, and
make all necessary repairs. The Community Development Director may require additional inspections and/or maintenance activities at his/her discretion 10. 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.
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11. The 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 to prevent interference with the City’s Public Safety radio equipment.
12. 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.
13. The Applicant recognizes that the frequencies used by the cellular facility located at
2865 (CS) East Coast Highway are extremely close to the frequencies used by the City of
Newport Beach for public safety. This proximity will require extraordinary “comprehensive
advanced planning and frequency coordination” engineering measures to 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 endorsed by the FCC.
14. The Applicant shall provide a “single point of contact” for both carriers in its Engineering
and Maintenance Departments that is monitored twenty-four (24) hours per day to
ensure continuity on all interference issues, and to which interference problems may be
reported. The name, telephone number, and e-mail 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 alerted and updated immediately.
15. Appropriate information warning signs or plates shall be posted at the access locations
and each 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
warning signs or plates shall be depicted on the plans submitted for construction permits.
16. 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.
17. The telecom facility shall not be lighted except as deemed necessary by the Newport
Beach Police Department for security lighting. The night lighting shall be at the lowest
intensity necessary for that purpose and such lighting shall be shielded so that direct
rays do not shine on nearby properties. Prior to the final building permits, the Applicant
shall schedule an evening inspection by the Code Enforcement Division to confirm
compliance with this condition.
18. At all times, the operator for DISH Wireless shall ensure that its telecom facility complies
with the most current regulatory, operations standards, and radio frequency emissions
standards adopted by the FCC. The operator 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. Said
information shall be made available by the operator upon request at the discretion of the
Community Development Director.
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19. If the Applicant wishes to discontinue the use of the telecom facility, the Applicant shall
notify the Planning Division 30 days before discontinuance.
20. 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 January
31, outside of the peak nesting period. If such activities must occur inside the peak
nesting season from February 1 to August 15, compliance with the following is required
to prevent the taking of native birds pursuant to MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no
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 ensure
compliance, consider hiring a biologist to assist with the survey of nesting birds, and to
determine when it is safe to commence construction activities. If an active nest is found,
one (1) or two (2) short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
21. The discharge of any hazardous materials into storm sewer systems or receiving waters
shall be prohibited. Machinery and equipment shall be maintained and washed in
confined areas specifically designed to control runoff. A designated fueling and vehicle
maintenance area with appropriate berms and protection to prevent spillage shall be
provided as far away from storm drain systems or receiving waters as possible.
22. Debris from demolition shall be removed from work areas each day and removed from
the project site within 24 hours of the completion of the project. Stockpiles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
23. Construction activities shall comply with Section 10.28.040 (Construction Activity) of the
NBMC, which restricts hours of noise-generating construction activities that produce
noise between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday. Noise-
generating construction activities are not allowed on Saturdays, Sundays, or federal
holidays.
24. The project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
25. 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 Coastal
Development Permit.
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26. This Coastal Development Permit may be modified or revoked by the Zoning
Administrator if determined that the proposed uses or conditions under which it is being
operated or maintained are detrimental to the public health, welfare or materially
injurious to property or improvements in the vicinity or if the property is operated or
maintained to constitute a public nuisance.
27. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by the current
property owner or agent.
28. This Coastal Development Permit shall expire unless exercised within 24 months from the
date of approval as specified in Section 21.54.060 (Time Limits and Extensions) of the
NBMC unless an extension is otherwise granted.
29. 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 agents
from and against any claims, demands, obligations, damages, actions, causes of action,
suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including without
limitation, attorney’s fees, disbursements, and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of DISH Wireless including, but not limited to, Coastal Development Permit
(PA2021-301). This indemnification shall include, but not be limited to, damages awarded
against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in
connection with such claim, action, causes of action, suit, or proceeding whether incurred
by Applicant, City, and/or the parties initiating or bringing the such proceeding. The
Applicant shall indemnify the City for all of the City's costs, attorneys' fees, and damages,
which the City incurs in enforcing the indemnification provisions outlined in this 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.
Building Division
30. The Applicant is required to obtain all applicable permits from the City Building Division
and Fire Department. Prior to the issuance of any building, mechanical, and/or electrical
permits, architectural drawings and structural design plans shall be submitted to the City
of Newport Beach for review and approval by the applicable departments. A copy of
these conditions of approval shall be incorporated into the drawings approved for the
issuance of permits.
31. The telecom facility shall comply with all regulations and requirements of the California
Building Code, California Fire Code, California Mechanical Code, and California
Electrical Code. All required permits shall be obtained before the commencement of the
construction.
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Public Works Department
32. In case of damage done to public improvements surrounding the site by private
construction, additional reconstruction within the public right-of-way may be required at the
discretion of the Public Works Department.
33. The storage of all project-related equipment during construction shall be on-site and
outside the public right-of-way.
34. An approved encroachment permit is required for all work activities within the public right-
of-way.
35. The project shall not conflict with any easements over the property. If an easement is
determined to be no longer necessary, the property owner shall work with the City or
responsible agency to abandon it.
16
Attachment No. ZA 2
Vicinity Map
17
VICINITY MAP
Coastal Development Permit
(PA2021-301)
2865 and 2867 (CS) East Coast Highway
Subject Property
18
Attachment No. ZA 3
Applicant’s Project Description
19
20
21
22
23
24
Attachment No. ZA 4
Coverage Maps
25
26
27
28
29
Attachment No. ZA 5
Visual Simulations
30
31
32
33
34
Attachment No. ZA 6
Project Plans
35
302 STATE PLACE,ESCONDIDO, CALIFORNIA 92029
TELECOMMUNICATIONS PROJECT MANAGEMENT
T-1
SHEET INDEX VICINITY MAP
DIRECTIONS
SITE INFORMATION PROJECT DIRECTORY
11"x17" PLOT WILL BE HALF SCALE UNLESS OTHERWISE NOTED
SITE PHOTO
xxxxxx
xxxxxxxxxx
xxx
DISH Wireless L.L.C. SITE ID:PORT PLAZA
DISH Wireless L.L.C. SITE ADDRESS:
2865 [CS] E. COAST HIGHWAY
CORONA DEL MAR, CA 92625
SCOPE OF WORK
GENERAL NOTES
UNDERGROUND SERVICE ALERTUTILITY NOTIFICATION CENTER OF CALIFORNIA(800) 422-4133WWW.CALIFORNIA811.ORG
CALIFORNIA - CODE COMPLIANCE
LSSNA01212A
36
23072 LAKE CENTER DR., SUITE 211LAKE FOREST, CA 92630714.624.9027
LS-1
37
302 STATE PLACE,ESCONDIDO, CALIFORNIA 92029
TELECOMMUNICATIONS PROJECT MANAGEMENT
A-121
38
302 STATE PLACE,ESCONDIDO, CALIFORNIA 92029
TELECOMMUNICATIONS PROJECT MANAGEMENT
A-21
39
302 STATE PLACE,ESCONDIDO, CALIFORNIA 92029
TELECOMMUNICATIONS PROJECT MANAGEMENT
A-31
40
302 STATE PLACE,ESCONDIDO, CALIFORNIA 92029
TELECOMMUNICATIONS PROJECT MANAGEMENT
A-44
2
3
1
41
302 STATE PLACE,ESCONDIDO, CALIFORNIA 92029
TELECOMMUNICATIONS PROJECT MANAGEMENT
A-52
1
42
302 STATE PLACE,ESCONDIDO, CALIFORNIA 92029
TELECOMMUNICATIONS PROJECT MANAGEMENT
A-62
1
43