HomeMy WebLinkAbout2013-30 - Telecommunications Permit No. TP2010-010 for Facility Located at 2401 Irvine Ave. (PA2010-073)RESOLUTION NO. 2013-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING TELECOMMUNICATIONS
PERMIT NO. TP2010-010 FOR A TELECOMMUNICATIONS
FACILITY LOCATED AT 2401 IRVINE AVENUE (PA2010-073)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Mobilitie, with respect to property located at 2401 Irvine
Avenue, legally described as Parcel 1 of Use Permit UP1329 (PM 038 14), requesting
approval of a Telecommunications ("Telecom") Permit pursuant to Chapter 15.70 of the
Newport Beach Municipal Code.
2. The applicant proposes to install a 62 -foot high false eucalyptus tree (monopole) in a
landscaped area along Irvine Avenue. The proposal includes the installation of
antennas and equipment for a wireless Telecom carrier (Verizon Wireless), with the
potential for three additional carriers to locate on the monopole. Each additional
carrier would be required to be reviewed and approved pursuant to Municipal Code
Chapter 15.70 (Wireless Telecommunication Facilities).
3. The subject property is located within the Private Institutions (PI) Zoning District and the
General Plan land use designation is Private Institutions (PI).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Private Institutions (PI -A).
5. On February 12, 2013, the City Council reviewed the application, requested additional
information from the applicant, and continued the application to March 26, 2013.
6. Pursuant to Municipal Code Section 15.70.050.A.2 Special Review by City Council was
held on March 26, 2013, in the City Hall Council Chambers, 100 Civic Center Drive,
Newport Beach, California. A notice of time, place and purpose of the meeting was
given in accordance with the Newport Beach Municipal Code. Evidence, both written
and oral, was presented to, and considered by, the City Council at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This project has been determined to be categorically exempt under the requirements of the
California Environmental Quality Act under Class 3 (New Construction or Conversion of Small
Structures). Class 3 allows the installation of small new equipment and facilities in small
structures. The proposed project involves the installation of a monopole with twelve (12)
directional antennas and one (1) directional antenna, and the installation of screened
appurtenant equipment.
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SECTION 3. REQUIRED FINDINGS.
In accordance with Chapter 15.70 of the Newport Beach Municipal Code, the following
findings and facts in support of such findings are set forth:
Finding:
A. The approval is necessary to allow the facility to function as intended and identified
alternatives to the proposal are not feasible.
Facts in Support of Finding:
1. The Telecom facility was designed as a false eucalyptus tree at 62 feet in height to meet
the coverage objectives of Verizon Wireless and to facilitate future collocation
opportunities for up to three additional carriers.
2, The application includes documentation indicating a need to provide and improve Verizon
Wireless coverage within the area, and the Telecom facility will eliminate gaps in existing
Verizon Wireless coverage.
3. The area is difficult to service because of the limited opportunities in the area to construct
Telecom facilities. Due to Upper Newport Bay and residential uses in the area, not many
alternate sites are available for the proposed Telecom facility. The Municipal Code
prohibits Telecom facilities in most residential and open space zoning districts. The
applicant identified four alternate locations and evaluated the potential of each location to
meet code requirements and coverage objectives. The alternate locations are not feasible
because they are located too far north to meet the coverage objectives to the south and
there would be overlap with the yet un -built Verizon Wireless Telecom facility in Santa
Ana Heights.
Finding:
B. The approved facility will not result in conditions which are materially detrimental to
nearby property owners, residents, and businesses, nor to public health or safety.
Facts in Support of Finding:
1. The proposed facility will comply with the applicable rules, regulations and standards of
the Federal Communications Commission (FCC), thus ensuring public health and safety.
2. The proposed facility will only require periodic maintenance and will not generate any
adverse impacts, such as traffic, noise, or odor.
3. The proposed project does not impact coastal views due to the location and design of the
structure.
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Finding:
C. The proposed project is in conformance with Section 15.70.050.8.2 of the Municipal
Code, which requires that (a) Higher priority locations are either not available or are not
feasible; (b) Establishment of a facility on a new standard monopole or lattice tower is
necessary to provide service; and (c) Lack of such a facility would result in a denial of
service.
Facts in Support of Finding:
1. The monopole is necessary because mounting the antennas on or within the existing
church building or cross would result in Verizon Wireless not meeting its coverage
objectives due to the lower height of these structures.
2 Alternative designs were considered, including a larger cross structure and/or a new
church tower. A replacement cross that meets the coverage objectives is not feasible
within the limitations of the existing building design and structural requirements. A new
church tower would need to be in the same location as the proposed monopole and at the
same height, and it would not integrate well with the architecture and design of the
existing church buildings.
3. A gap in coverage exists, and without the proposed facility there would be a denial of
service for the Verizon Wireless network. The Verizon Wireless antennas will provide
additional coverage for the PCS and cellular service and will provide new 4G/LTE
coverage. The proposed facility will improve outdoor coverage for Verizon Wireless and
provide indoor cellular coverage to nearby areas that is currently marginal or nonexistent.
Finding:
D. The proposed project is in conformance with the technology, height, location, and design
standards of Chapter 15.70 of the Municipal Code.
Facts in Support of Finding:
1. The proposed Telecom facility utilizes the most efficient and diminutive available technology
in order to minimize the number of facilities and reduce the visual impact.
2. The proposed Telecom facility is 62 feet in height. A Telecom facility between 50 feet and
65 feet in height is allowed at the subject property with City Council approval.
3. The proposed Telecom facility is a new false tree. Higher priority locations such as a wall,
roof, sign, architectural feature, or other stealth structure are not available on site. The
monopole is necessary because of the existing constraints of the site. Verizon Wireless
would not meet its coverage objectives by mounting antennas on the existing church
building or cross because of the height of those structures. A replacement cross at a
height that would meet the coverage objectives is not feasible with the existing building
design, structural requirements, and height restrictions. A new church tower or other
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architectural feature would need to be in the same location as the proposed monopole,
and would not integrate well with the architecture and design of the existing church
buildings. A gap in coverage exists; therefore, without the proposed facility, there would
be a denial of service for the Verizon Wireless network.
4. The proposed Telecom facility is collocated with existing Telecom facilities. Although three
Telecom facilities exist on site, there is no available feasible alternate location for a
proposed new facility. The site is located adjacent to Upper Newport Bay and surrounded
by residential uses. Therefore, there are a limited number of alternate sites and of the
four identified, none are considered feasible.
5. The proposed false eucalyptus tree is designed to blend into the surrounding
environment. The "bark" will be painted to match the nearby eucalyptus trees. The
"branches" and 'leaves" are intended to screen the antennas from view and will be
properly maintained in accordance to the approved maintenance plan. Existing and new
landscaping will screen the facility from view. The proposed false eucalyptus tree is 62
feet high, which is comparable to other eucalyptus trees on site, which range from
approximately 50 feet to 80 feet in height. The proposed equipment will be located
adjacent to the church building and other existing equipment and will be screened from
view with a block wall painted to match the existing church wall adjacent to the enclosure
area.
SECTION 4. DECISION,.
NOW, THEREFORE, BE IT RESOLVED:
1. The City Council of the City of Newport Beach hereby approves Telecom Permit No.
TP2010-010, subject to the conditions set forth in "Exhibit A," which is attached hereto
and incorporated by reference.
2. This resolution was approved and adopted at a regular meeting of the City Council of the
City of Newport Beach, held on the 26t day of March, 2013.
MAYOR
ATTEST:
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CITY CLERK U
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1: The development shall be in substantial conformance with the approved plot plan,
antenna and equipment plans, elevations, and photographic simulations, except as noted
in the following conditions. The final project plans shall be approved by the City Council
prior to building permit issuance for the Telecom facility.
2. Anything not specifically approved by this Telecom Permit is not permitted and must
be addressed in a separate and subsequent Telecom Permit review.
3. The Telecom facility approved by this permit shall comply with all applicable rules,
regulations, and standards of the Federal Communications Commission (FCC).
4. 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.
5. The Telecom facility approved by this Telecom Permit shall comply with any
easements, covenants, conditions or restrictions on the underlying real property upon
which the facility is located.
6. California Coastal Commission approval is required prior to the issuance of building
permits.
7. The tree "trunk" and "branches" shall be painted and textured to match the surrounding
eucalyptus trees. The transition between the "trunk" and three (3) mounting arms shall
be seamless.
8. Any equipment attached to the monopole shall be painted to match the "bark" of the
monopole.
9. No portion of the antennas, associated equipment, or mounting structures shall
protrude beyond the "branches."
10. The proposed equipment enclosure wall shall be constructed, textured, and painted to
match the existing building.
11. The applicant shall continually maintain the wireless Telecom facility so that it retains
its original appearance at the time the building permit is finaled by the City of Newport
Beach.
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12. On an annual basis, the applicant shall conduct maintenance inspections of the
wireless Telecom facility, including the monopole, equipment enclosure areas and
walls, landscape screening, and irrigation systems, and make all necessary repairs.
The applicant shall report in writing the result of each maintenance inspection and any
repairs made to the Community Development Director on July 1St of each year
beginning in 2014. The Community Development Director may require additional
inspections and/or maintenance activities at his/her discretion.
13. The applicant shall keep, at all times, all "branches," "leaves," and "bark" of the
proposed monopole in good repair and appearance. If any part of the monopole is
broken, missing, deteriorated, or otherwise in disrepair (as determined by .the
Community Development Department Director), the City shall provide written
notification to the applicant with specific conditions and items to be repaired or
replaced. The applicant shall address the request and complete the repairs and/or
replacements within thirty (30) days of receipt of written notification from the City. The
Community Development Director has the authority to extend the thirty (30) day time
period in the event that more time is required in order for the applicant to perform
repairs or replacements.
14. Additional landscaping shall be planted near the Telecom facility to screen the facility
from view and be maintained in a viable condition, as depicted in the approved
landscape plan, with final selection of plants to be approved by the Community
Development Director.
15. Any future facilities proposed by other carriers to be located within 1,000 feet from the
subject property shall be approved to co -locate at the same site by the property owner
or authorized agent, unless otherwise approved by the Community Development
Director.
16. Within 30 days after installation of the Telecom facility, a radio frequency (RF)
compliance and radiation report prepared by a qualified RF engineer acceptable to the
City shall be submitted in order to demonstrate that the facility is operating at the
approved frequency and complies with FCC standards for radiation. If the report
shows that the facility does not so comply, the use of the facility shall be suspended
until the facility is modified to comply and a new report has been submitted confirming
such compliance.
17. Prior to issuance of building permits, a deposit of $5,000 shall be paid to the City of
Newport Beach. This deposit is required by the Planning Division to ensure
preparation and submittal of the RF Compliance and Radiation Report, referenced in
the above Condition. The deposit will be used to defray any and all fees associated
with review of the report by an independent technical consultant, pursuant to Section
15.70.070 B-10 of the Telecom Ordinance. Any unused deposit fees will be refunded
to the applicant upon determination of compliance with the approved frequency and
FCC standards.
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18. 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.
19. The applicant shall provide a "single point of contact" in its Engineering and
Maintenance Departments that is monitored 24 hours per day to insure continuity on
all interference issues, and to which interference problems may be reported. The
name, telephone number, fax number and e-mail address of that person shall be
provided to the Planning Division and Newport Beach Police Department's Support
Services Commander prior to activation of the facility.
20. Should interference with the City's Public Safety radio equipment occur, use of the
Telecom facility authorized by this permit shall be suspended until the radio frequency
interference is corrected and verification of the compliance is reported.
21. The facility shall utilize a frequency range of 880-894 Mhz, 835-848 Mhz, 1965-1970
Mhz, and 1885-1890 Mhz spectrum. Any change or alteration to the frequency range
shall require the prior review and approval of the Community Development Director.
22. The applicant recognizes that the frequencies used by the cellular facility located at
2401 Irvine Avenue 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 as endorsed by the Federal
Communications Commission (FCC).
23. 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 to arrange for access to the
facility. The location of the information warning signs or plates shall be depicted on the
plans submitted for construction permits.
24. 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.
25. 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.
26. If any of the existing public improvements surrounding the site are damaged by the
private work, new concrete sidewalk, curb and gutter, street pavement, and any other
public improvements shall be required by the City at the time of private construction
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completion. Said determination and the extent of the repair work shall be made at the
discretion of the Public Works Inspector.
27. All project related equipment shall be stored on site during construction.
28. An Encroachment Permit is required for all work activities within Irvine Avenue public
right-of-way. Any lane closures will require approval of Traffic Control plans.
29. All work in the public right-of-way shall be in conformance with the requirements of
Municipal Code Chapter 13.20 (Public Rights -of -Way).
30. 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
applicant, current property owner, or leasing agent.
31. The applicant shall ensure that lessee or other user(s) shall comply with the terms and
conditions of this permit, and shall be responsible for the failure of any lessee or other
user(s) under the control of the applicant to comply.
32. Any carrier who intends to abandon or discontinue use of the Telecom facility must
notify the Planning Division by certified mail no less than 30 days prior to such action.
The operator or property owner shall have 90 days from the date of abandonment or
discontinuance to reactivate use of the facility, transfer the rights to use the facility to
another operator, or remove the abandoned antennas and equipment and restore the
site.
33. The City reserves the right and jurisdiction to review and modify any Telecom Permit
approved pursuant to Chapter 15.70 of the Newport Beach Municipal Code, including
the conditions of approval, based on changed circumstances. The operator shall notify
the Planning Division of any proposal to change the height or size of the facility;
increase the size, shape or number of antennas; change the facility's color or materials
or location on the site; or increase the signal output above the maximum permissible
exposure (MPE) limits imposed by the radio frequency emissions guidelines of the
FCC. Any changed circumstance may require approval of an amendment to the
original Telecom permit.
34. This Telecom Permit may be modified or revoked by the City Council should they
determine that the facility or operator has violated any law regulating the Telecom
facility or has failed to comply with the requirements of Chapter 15.70 of the NBMC, or
this Telecom Permit.
35. This approval shall expire unless exercised within 24 months from the date of
approval.
36. 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 and all claims, demands, obligations, damages,
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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 Mobilitie Faux Eucalyptus Tree Monopole including, but
not limited to Telecommunications Permit No. TP2010-010 (PA2010-073) and the
determination that the project is exempt under the requirements of the California
Environmental Quality Act. This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys' 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
such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys'
fees, and damages which City incurs in enforcing the indemnification provisions set forth
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.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH i
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2013-30 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 28"day of March, 2013, and that the same
was so passed and adopted by the following vote, to wit:
Ayes: Hill, Selich, Henn, Mayor Curry
Nays: Gardner, Petros
Absent: Daigle
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 28'" day of March, 2013.
A& �' - �.
City Clerk
Newport Beach, California