HomeMy WebLinkAboutCCC SR w8c-5-2015STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR
CALIFORNIA COASTAL COMMISSION
South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562) 590-5071
W8c
Filed: 3/24/2015
180th Day: 9/20/2015 Staff: A. Dobson -LB Staff Report: 4/23/2015
Hearing Date: 5/13/2015
STAFF REPORT: CONSENT CALENDAR
Application No.: 5-14-1927
Applicant: AT&T Mobility
Location: 1400 Newport Center Drive, Newport Beach, Orange County
Project Description: Construct two 43 foot tall communication towers side-by-side
and support equipment in an existing commercial area.
Staff Recommendation: Approval with conditions
SUMMARY OF STAFF RECOMMENDATION
The applicant is proposing to construct two 43 foot tall communication towers and an 8 foot tall
support equipment enclosure in an existing commercial office development, surrounded by a
parking lot. The project site is inland of Pacific Coast Highway and approximately 2,000 feet inland of Newport Bay. Coastal Act issues raised by this proposed development concern a minor coastal view impact from Newport Center Drive looking southwest toward the ocean due to the proposed
location and height of the towers, however the current coastal views from Newport Center Drive are
limited due to existing light poles, development, and vegetation. The towers will be visible, but will
not significantly impact the existing public coastal views, and will be painted a shade of green to
blend with the existing vegetation. The towers will not impact coastal views from any other vantage points or scenic areas designated in the coastal Land Use Plan. The project has been conditioned to
minimize additional view impacts by requiring revised plans for low-growing landscaping
surrounding the towers, co-location of future antennas, and Commission review of future
improvements. The proposed development, as conditioned, is consistent with the visual resource
protection policies of the Coastal Act.
Staff recommends APPROVAL of the proposed project with additional special conditions relating
to construction responsibilities, future development, and a deed restriction.
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TABLE OF CONTENTS
I. MOTION AND RESOLUTION ......................................................................... 3
II. STANDARD CONDITIONS .............................................................................. 3
III. SPECIAL CONDITIONS ................................................................................... 4
IV. FINDINGS AND DECLARATIONS ................................................................. 6
A. PROJECT LOCATION & DESCRIPTION ...................................................................................... 6
B. DEVELOPMENT ....................................................................................................................... 8
C. VISUAL RESOURCES ............................................................................................................... 8
D. PUBLIC ACCESS ………………………………......…………………………………………9 E. WATER QUALITY .................................................................................................................... 9 F. DEED RESTRICTION................................................................................................................. 9
G. LOCAL COASTAL PROGRAM (LCP) ........................................................................................ 9
H. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ....................................................... 10
EXHIBITS
Exhibit 1 – Location Map and Site Plan
Exhibit 2 – Project plans
Exhibit 3 – View analysis
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I. MOTION AND RESOLUTION
Motion:
I move that the Commission approve the coastal development permit applications included
on the consent calendar in accordance with the staff recommendations.
Staff recommends a YES vote. Passage of this motion will result in approval of all of the permits included on the consent calendar. The motion passes only by affirmative vote of a majority of the
Commissioners present.
Resolution:
The Commission hereby approves a coastal development permit for the proposed
development and adopts the findings set forth below on grounds that the
development as conditioned will be in conformity with the policies of Chapter 3 of
the Coastal Act and will not prejudice the ability of the local government having
jurisdiction over the area to prepare a Local Coastal Program conforming to the
provisions of Chapter 3. Approval of the permit complies with the California
Environmental Quality Act because either 1) feasible mitigation measures and/or
alternatives have been incorporated to substantially lessen any significant adverse
effects of the development on the environment, or 2) there are no further feasible
mitigation measures or alternatives that would substantially lessen any significant
adverse impacts of the development on the environment.
II. STANDARD CONDITIONS:
This permit is granted subject to the following standard conditions: 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not
commence until a copy of the permit, signed by the permittee or authorized agent,
acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to
the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the
date on which the Commission voted on the application. Development shall be pursued in a
diligent manner and completed in a reasonable period of time. Application for extension of the
permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent of interpretation of any condition will be resolved by
the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit.
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5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it
is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions.
III. SPECIAL CONDITIONS:
This permit is granted subject to the following special conditions:
1. Co-Location of Future Antennas. BY ACCEPTANCE OF THIS COASTAL DEVELOPMENT PERMIT, the applicant and landowner(s) agree(s) on behalf of themselves
and all successors and assigns to cooperate with other communication companies in co-locating
additional antennas and/or equipment on the proposed development in the future, provided such
shared use does not impair the operation of the approved facility, nor have any further impacts on public coastal views. Upon the Executive Director’s request, the permittee shall provide an independently prepared technical analysis to substantiate the existence of any practical
technical prohibitions against the operation of a co-use facility.
2. Future Redesign. BY ACCEPTANCE OF THIS COASTAL DEVELOPMENT PERMIT, the applicant and landowner(s) agree(s) on behalf of themselves and all successors and assigns that where future technological advances would allow for reduced visual impacts resulting from the
proposed telecommunication facility, the applicant (or its successor/assignee) shall make those
modifications which would reduce the visual impact of the proposed facility. In addition, the
applicant (or its successor/assignee) agrees that if, in the future, the facility is no longer needed, the applicant (or its successor/assignee) shall abandon the facility and be responsible for removal of all permanent structures and restoration of the site as needed to re-establish the area consistent
with the character of the surrounding area. Before performing any work in response to the
requirements of this condition, the applicant (or its successor/assignee) shall contact the
Executive Director of the California Coastal Commission to determine if an amendment to this coastal development permit or a new coastal development permit is necessary.
3. Storage of Construction Materials, Mechanized Equipment and Removal of
Construction Debris. The permittee shall comply with the following construction-related
requirements: A. No demolition or construction materials, debris, or waste shall be placed or stored where
it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave,
wind, rain, or tidal erosion and dispersion.
B. No demolition or construction equipment, materials, or activity shall be placed in or
occur in any location that would result in impacts to environmentally sensitive habitat areas, streams, wetlands or their buffers.
C. Any and all debris resulting from demolition or construction activities shall be removed
from the project site within 24 hours of completion of the project.
D. Demolition or construction debris and sediment shall be removed from work areas each
day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters.
E. All trash and debris shall be disposed in the proper trash and recycling receptacles at the
end of every construction day.
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F. The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction. G. Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If
the disposal site is located in the coastal zone, a coastal development permit or an
amendment to this permit shall be required before disposal can take place unless the
Executive Director determines that no amendment or new permit is legally required. H. All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be
stored in contact with the soil.
I. Machinery and equipment shall be maintained and washed in confined areas specifically
designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems. J. The discharge of any hazardous materials into any receiving waters shall be prohibited.
K. Spill prevention and control measures shall be implemented to ensure the proper
handling and storage of petroleum products and other construction materials. Measures
shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shall be located as far away from the receiving waters and
storm drain inlets as possible.
L. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) designed
to prevent spillage and/or runoff of demolition or construction-related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on-set of such activity.
M. All BMPs shall be maintained in a functional condition throughout the duration of
construction activity.
4. Future Development. This permit is only for development described in Coastal Development Permit No. 5-14-1927. Pursuant to Title 14 California Code of Regulations Section
13250(b)(6), the exemptions otherwise provided in Public Resources Code Section 30610(a)
shall not apply to the development governed by Coastal Development Permit No. 5-14-1927.
Accordingly, any future improvements to the single-family house authorized by this permit, including, but not limited to, repair and maintenance identified as requiring a permit in Public Resources Section 30610(d) and Title 14 California Code of Regulations Sections 13252(a)-
(b), shall require an amendment to Permit No. 5-14-1927 from the Commission or shall
require an additional coastal development permit from the Commission or from the applicable
certified local government. 5. Vegetation Height and Maintenance. BY ACCEPTANCE OF THIS PERMIT, the applicant
and landowner(s) agree(s) on behalf of themselves and all successors and assigns that the site
surrounding the towers shall not be planted with trees or other vegetation that would
negatively impact public coastal views from surrounding public streets. Any vegetation
planted in the area must be low to moderate height shrubs or trees that shall be maintained to a height low enough not to impact public coastal views. Vegetation shall not exceed 20 feet in
height.
6. Landscaping - Drought Tolerant, Non Invasive Plants. Vegetated landscaped areas shall
consist of native plants or non-native drought tolerant plants, which are non-invasive. No
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plant species listed as problematic and/or invasive by the California Native Plant Society (http://www.CNPS.org/), the California Invasive Plant Council (formerly the California Exotic Pest Plant Council) (http://www.cal-ipc.org/), or as may be identified from time to time by the
State of California shall be employed or allowed to naturalize or persist on the site. No plant
species listed as a “noxious weed” by the State of California or the U.S. Federal Government
shall be utilized within the property. All plants shall be low water use plants as identified by California Department of Water Resources (See: http://www.water.ca.gov/wateruseefficiency/docs/wucols00.pdf).
PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall
submit to the Executive Director for review and approval revised Landscaping plans meeting the criteria set forth in special condition 5 and 6, above. 7. Deed Restriction. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,
the applicant shall submit to the Executive Director for review and approval documentation
demonstrating that the applicant has executed and recorded against the parcel(s) governed by this permit a deed restriction, in a form and content acceptable to the Executive Director: (1) indicating that, pursuant to this permit, the California Coastal Commission has authorized the
development on the subject property, subject to terms and conditions that restrict the use and
enjoyment of that property; and (2) imposing the Special Conditions of this permit as
covenants, conditions and restrictions on the use and enjoyment of the Property. The deed restriction shall include a legal description of the entire parcel or parcels governed by this permit. The deed restriction shall also indicate that, in the event of an extinguishment or
termination of the deed restriction for any reason, the terms and conditions of this permit shall
continue to restrict the use and enjoyment of the subject property so long as either this permit
or the development it authorizes, or any part, modification, or amendment thereof, remains in existence on or with respect to the subject property.
IV. FINDINGS AND DECLARATIONS:
A. PROJECT LOCATION & DESCRIPTION
The applicant is proposing to construct two 43 foot tall, 30 inch diameter slimline wireless
communication monolpoles that will house 6 six-foot tall antennas for AT&T and 6 six-foot tall
antennas for Verizon Wireless (Exhibit 2). The 450 sq. ft. associated support equipment enclosure will be 8 feet tall, adjacent to the towers, and will house 18 remote radio units, 3 GPS antennas, 5 radio cabinets, and 1 power plant cabinet. The towers will be secured behind 8 foot high masonry
walls. The poles will be painted a green color to blend with existing vegetation. The proposed
project will enhance wireless commination throughout the area and improve coverage to the
residential and commercial areas, and address service gaps that occur during peak times. The proposed project is inland of Pacific Coast Highway, off Newport Center Drive and is near the
commercial development surrounding Fashion Island (Exhibit 1).The site is approximately 2,000
feet inland of Newport Bay. The project will be constructed in an existing parking lot of a corporate
office plaza, without removing any existing parking spaces. The area is an existing landscaped area between parking lots that is not used for pedestrian access or recreation. The proposed location is preferable to the project constructed in an existing public right-of-way, like similar communication
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towers. The site is owned by the Irvine Company and is leased to the Applicant and other wireless companies. The site is zoned COG-B, General Commercial Office in the City of Newport Beach’s certified Coastal Land Use Plan (LUP), designated for business, professional, and commercial land
uses. The height limits are normally limited to 32 feet in this area, provided the structure does not
exceed the sight plane limit established by the corporate plaza planned community regulations of the
City. The existing commercial buildings in the corporate plaza are limited to 32 feet high. According to the regulations, the City Council may approve telecom structures up to 15 feet above the height limit, which is what was done in this case. The City of Newport Beach issued an Approval-in-
Concept (No. AIC2014-086) for the proposed project on December 11, 2014. The project was
approved by City Council through Resolution No. 2014-76. The proposed project is consistent with
the City’s requirements and consistent with the coastal LUP. The proposed project is located landward/outside of the City of Newport Beach’s Shoreline
Height Limitation Zone (which restricts heights to 35 feet). The applicant has submitted a view
simulation from designated viewpoints around the project site. While the project is visible from
the adjacent areas, the project will not block or impact views from the surrounding viewpoints with one exception: the project will minimally impact public views of the coast and Newport Bay looking southwest from Newport Center Drive, designated a “scenic road” in the City’s Coastal
Land Use Plan (Exhibit 3). However, the impact is minimal and the view shed is impacted
already by existing light poles, development, and trees. The proposed project will be visible in
the distance, but will not contribute significantly to the coastal view impacts because of the
distance from Newport Center Drive and the existing vegetation and development.
Landscaping is proposed to surround the enclosure, including non-invasive plants, with the
exception of Washingtonia robusta, palm tree species that are invasive and that are in excess of 65
feet high upon maturity. Special Conditions 5 and 6 require that the vegetation surrounding the towers not contribute to blocking the public coastal view from Newport Center Drive, and therefore be limited to 20 feet in height. As seen from the view analysis submitted (Exhibit 3), the majority of
the trees seen in the horizon are existing Washingtonia robusta. A revised landscape plan shall be
required before permit issuance with species selected that shall not exceed 20 feet in height to
maintain existing coastal views looking southwest from Newport Center Drive. A faux-tree design was initially considered for this project, but was not pursued due to lack of interest.
While the proposed facility will not have a significant adverse impact on the visual quality of the
area, the Commission is concerned that cumulatively, installation of additional similar projects in
the area could have adverse impacts on visual resources. As demand for wireless communication facilities increases, it is likely that other service providers will be interested in placing additional structures, antennas and equipment in the project area, and the Commission is concerned that
cumulatively, installation of additional similar projects in the area could have adverse impacts on
visual resources. Co-location is the preferred way to provide future telecommunication services.
If co-location is not possible, then the visual impacts of such structures must be mitigated either
through project design or siting so as not to result in adverse cumulative visual impacts. Co-location is only preferred if the future telecommunication devices can be located on these towers,
as proposed, with no additional impacts to coastal views. If a new tower or additional exterior
antennas need to be constructed, then a new location for the improvements may be required. The
applicants have demonstrated that there are no existing co-location opportunities within 1,000
feet of the proposed site. The project does include co-location as proposed in that 2 wireless
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companies will have antennas onsite. There may be opportunities in the future to include other carriers or additional wireless companies, which will reduce the need for additional towers in this location or elsewhere in the coastal zone.
As such, Special Conditions 1 and 2 are imposed on this permit. Special Condition 1 requires
that the applicant and landowner (and all successors and assigns) agree to cooperate with other communication facilities in co-locating additional antenna on the proposed development, unless the applicant can demonstrate a substantial technical conflict to doing so. Of course, the visual
impacts associated with a co-located facility compared with another location would also need to
be analyzed to determine which option has the least impact. Special Condition 2 requires the
applicant (or its successor or assignee) to agree to remove the structure and restore this site in the future should technological advances make this facility obsolete. In this way, it can be assured that the proliferation of these types of facilities can be limited to appropriate locations, and that
the area will not be littered with outdated and obsolete facilities in the future.
As specified in California Code of Administrative Regulations Section 13253, addition of antennas to an existing structure may be exempt from permit requirements (barring any additional coastal view impacts) and therefore may be exempt from further Commission review.
As conditioned, the proposed project would not pose a significant impact to visual resources.
However, future co-location of additional antennas onto the structure in the future may result in a
significant increase in the number of attached antennas. Without Commission review, this may result in significant increased visual impacts. Therefore, the Commission imposes Special
Condition 4, requiring Commission review of changes to the proposed development. Therefore,
as conditioned, the Commission finds the project is consistent with Chapter 3 policies of the
Coastal Act with respect to protecting visual resources.
Special Condition 3 ensures construction responsibilities and BMPs are followed for the protection of water quality in the surrounding coastal and bay environments. Special Condition
7 requires a deed restriction on the site referencing all of the above Special Conditions of this
permit and imposing them as covenants, conditions and restrictions on the use of the site. The
project will not have any negative impacts on public access.
B. DEVELOPMENT
The development is located within an existing developed area and is compatible with the character
and scale of the surrounding area. However, the proposed project raises concerns that the future
development of the project site potentially may result in a development which is not consistent with
the Chapter 3 policies of the Coastal Act. To assure that future development is consistent with the Chapter 3 policies of the Coastal Act, the Commission finds that a Future Development Special
Condition 4 must be imposed. As conditioned the development conforms to the Chapter 3 policies
of the Coastal Act.
C. VISUAL RESOURCES
To minimize the project’s impact on visual resources, the project has been conditioned to: maintain
low-growing vegetation and return to the Commission in the event of any future improvements. As
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conditioned, the Commission finds that the development conforms to the requirements of Sections 30251 of the Coastal Act regarding protection of scenic and visual qualities.
D. PUBLIC ACCESS
The proposed development will not affect the public’s ability to gain access to, and/or to use the
coast and nearby recreational facilities. Therefore, the proposed development, as conditioned,
conforms to Sections 30210 through 30214, Sections 30220 through 30224, and 30252 of the Coastal Act.
E. WATER QUALITY
The proposed development has a potential for a discharge of polluted runoff from the project site
into coastal waters. The development, as proposed and as conditioned, incorporates design features to minimize the effect of construction and post-construction activities on the marine environment. These design features include, but are not limited to, the appropriate management of equipment and
construction materials, reducing runoff through the use of permeable surfaces, the use of non-
invasive drought tolerant vegetation to reduce and treat the runoff discharged from the site, and for
the use of post-construction best management practices to minimize the project’s adverse impact on coastal waters. Therefore, the Commission finds that the proposed development, as conditioned, conforms to Sections 30230 and 30231 of the Coastal Act regarding the protection of water quality
to promote the biological productivity of coastal waters and to protect human health.
F. DEED RESTRICTION
To ensure that any prospective future owners of the property are made aware of the applicability of the conditions of this permit, the Commission imposes Special Condition 7 requiring that the
property owner record a deed restriction against the property, referencing all of the above Special
Conditions of this permit and imposing them as covenants, conditions and restrictions on the use and
enjoyment of the property. Thus, as conditioned, this permit ensures that any prospective future
owner will receive actual notice of the restrictions and/or obligations imposed on the land use and enjoyment of the land in connection with the authorized development, including the risks of the
development and/or hazards to which the site is subject, and the Commission’s immunity from
liability.
G. LOCAL COASTAL PROGRAM (LCP)
Coastal Act Section 30604(a) states that, prior to certification of a local coastal program (“LCP”), a coastal development can only be issued upon a finding that the proposed development is in
conformity with Chapter 3 of the Act and that the permitted development will not prejudice the
ability of the local government to prepare an LCP that is in conformity with Chapter 3. The Land
Use Plan for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated in October 2009. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act with the certified Land Use Plan for the area. Approval of the project,
as conditioned, will not prejudice the ability of the local government to prepare an LCP that is in
conformity the provisions of Chapter 3 of the Coastal Act.
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H. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
As conditioned, there are no feasible alternatives or additional feasible mitigation measures
available that would substantially lessen any significant adverse effect that the activity may have on
the environment. Therefore, the Commission finds that the proposed project, as conditioned to
mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA.
PROJECT LOCATION
PROJECT SITE
PROJECT PLANS
PROJECT PLANS
PROJECT PLANS
PROJECT PLANS
Project without landscaping
Project with landscaping
View Analysis
OC0392 Newport Center
1600 Newport Center Drive, Newport Beach, CA 92660
Viewpont B
Viewpont A
Viewpont C
Viewpont D
Viewpoint A (Newport Center Drive)View 1 — Looking southwest View 2 — Looking northwest
Viewpoint B (Irvine Terrace Park)View 1 — Looking southwestView 2 — Looking north
Viewpoint C (Back Bay View Park)View 1 — Looking southeastView 2 — Looking northwest
Viewpoint D (Jamboree Road)View 1 — Looking southeastView 2 — Looking west
NS
W
E
Viewpoint A — View 1 — Looking southwest from Newport Center Drive
OC0392 Newport Center
1600 Newport Center Drive, Newport Beach, CA 92660
Viewpoint A — View 2 — Looking northwest from Newport Center Drive
Proposed Slimline Poles
Back Bay Beyond Horizon
Viewpoint B — View 1 — Looking southwest from Irvine Terrace Park
OC0392 Newport Center
1600 Newport Center Drive, Newport Beach, CA 92660
Viewpoint B — View 2 — Looking north from Irvine Terrace Park
Back Bay Beyond Horizon
Approximate Project Location
Viewpoint C — View 1 — Looking southeast from Back Bay View Park
OC0392 Newport Center
1600 Newport Center Drive, Newport Beach, CA 92660
Viewpoint C — View 2 — Looking northwest from Back Bay View Park
Project Location Beyond
Viewpoint D — View 1 — Looking southeast from Jamboree Road
OC0392 Newport Center
1600 Newport Center Drive, Newport Beach, CA 92660
Viewpoint D — View 2 — Looking west from Jamboree Road
Project Location Beyond