HomeMy WebLinkAboutPA2019-110 LETTER FROM FIORE, RACOBS & POWERS
00629266-1
AMBER T. ASHBY
JULIE R. BALBINI
NATHAN P. BETTENHAUSEN*
DENNIS M. BURKE*
RICHARD S. FIORE*+
JACQUELINE D. FOSTER*
LAURIE C. KEATING
NICOLE A. LILOMAIAVA
JOHN R. MACDOWELL*+
ERIN A. MALONEY*+
JANET L.S. POWERS*+
PETER E. RACOBS*
ANDREW D. SCOBLE
*DENOTES SHAREHOLDER
+ CAI COLLEGE OF COMMUNITY
ASSOCIATION LAWYERS (CCAL®)
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File No. 63620 -01
November 16, 2020
VIA FIRST CLASS MAIL & E-MAIL
Seimone Jurjis
Community Development Director
City of Newport Beach
Community Development Department
100 Civic Center Drive
Newport Beach, CA 92660
E-Mail: sjurjis@newportbeachca.gov
Abigail Cooke
Civil Engineer
City of Newport Beach
Public Works Department
100 Civil Center Drive
Newport Beach, CA 92660
E-Mail: acooke@newportbeachca.gov
Lauren Wooding-Whitlinger
Real Property Administrator
City of Newport Beach
Community Development Department
100 Civic Center Drive
Newport Beach, CA 92660
E-Mail: lwooding@newportbeachca.gov
Re: Cameo Community Association
Subject: AT&T Cell Site Application – 331 Cameo Shores Road (PA2019-110;
TP2019-015; UP2019-029)
Dear Mr. Jurjis, Ms. Wooding-Whitlinger, and Ms. Cooke:
Our office serves as legal counsel to Cameo Community Association ("Association"). In
that capacity, we are contacting the City of Newport Beach to communicate the Association's and
its homeowners' serious concerns regarding an AT&T Cell Site Application. More specifically,
the Association has been advised that AT&T has applied for a permit to remove the streetlight
located at or around 331 Cameo Shores Road and to install a new pole with an antenna and other
equipment to enhance cellular reception. We are further advised that the proposed pole will have
a top-mounted shroud/shield, and would be 29 feet in height—approximately 7 feet taller than
the existing pole and 15 feet taller than the maximum height of structures (including
residences) allowed within the Association's residential development.
City of Newport Beach
November 16, 2020
Page 2
00629266-1
Since the proposed location for the pole is within the California Coastal Zone, the City of
Newport Beach Local Coastal Program Implementation Plan ("Implementation Plan") is
applicable. (Newport Beach Municipal Code, Section 21.10.040.) Accordingly, any development
within the Coastal Zone is required to "be sited and designed to protect and, where feasible,
enhance the scenic and visual qualities of the coastal zone, including public views to and along the
ocean, bay, and harbor and to coastal bluffs and other scenic coastal areas." (Newport Beach
Municipal Code, Section 21.30.100.) Further, the Implementation Plan provides that:
"[a]ll telecom facilities shall employ design techniques to minimize visual
impacts … To the greatest extent feasible, facilities shall be designed to
minimize the visual impact of the facility by means of location, placement,
height, screening, landscaping, and shall be compatible with existing
architectural elements, building materials, other building characteristics,
and the surrounding area." (Newport Beach Municipal Code, Section
21.49.050(A).)
The Implementation Plan also specifies that the City is required to consider the following
criteria in connection with any coastal development permit for a telecom facility:
"1. Blending. The extent to which the proposed telecom facility blends
into the surrounding environment or is architecturally compatible
and integrated into the structure.
2. Screening. The extent to which the proposed telecom facility is
concealed or screened by existing or proposed new topography,
vegetation, buildings or other structures.
3. Size. The total size of the proposed telecom facility, particularly in
relation to surrounding and supporting structures.
4. Location. Proposed telecom facilities shall be located so as to utilize
existing natural or manmade features in the vicinity of the facility,
including topography, vegetation, buildings, or other structures to
provide the greatest amount of visual screening and blending with
the predominant visual backdrop. Telecom facilities shall be sited
outside any environmentally sensitive habitat area, wetland, or bluff
and sited such that they have no adverse impact on public access and
recreation." (Newport Beach Municipal Code, Section
21.49.050(A).)
City of Newport Beach
November 16, 2020
Page 3
00629266-1
As you may be aware, the Association's residential development enjoys unobstructed views
of the Pacific Ocean. Being a community that has legally protected views pursuant to its recorded
Covenants, Conditions and Restrictions ("CC&Rs"), the Association and its homeowners are
vigorously opposed to any view impairments—whether they be due to man-made structures or
landscaping. Moreover, in order to help preserve these unobstructed views of the ocean, the
maximum roof heights of residences within the community are limited to 14 feet from the building
pads.
As readily demonstrated by the below photographs, the location of the proposed cellular
pole (which would be 7 feet taller than the existing pole) would not only create an eyesore in the
middle of the community, but it would also create an unreasonable view impairment. Although the
Association understands the importance of enhanced cellular service within the area, the proposed
location for the cellular pole is not suitable. Not only would it not be concealed/screened by any
surrounding landscaping, but its height and design is not in harmony with the surrounding
structures.
As such, the Association and its homeowners strongly encourage the City of Newport
Beach to deny the application as submitted and to insist on having AT&T provide alternative
options (i.e., design and location) for the proposed cellular pole.
City of Newport Beach
November 16, 2020
Page 4
00629266-1
The Association greatly appreciates the City's consideration of its concerns and the
concerns of its Newport Beach residents. Should you wish to discuss this issue further, please do
not hesitate to direct your inquiries to this office.
Regards,
FIORE, RACOBS & POWERS
A Professional Law Corporation
Nathan P. Bettenhausen, Esq.
cc: Board of Directors