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HomeMy WebLinkAbout19 - Mobilitie Telecom Permit 2401 Irvine Ave��W,oRr CITY OF 3 NEWPORT BEACH City Council Staff Report Agenda Item No. 19 March 26, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Fern Nueno, Associate Planner APPROVED: TITLE: Mobilitie Telecommunications Permit for Faux Eucalyptus Tree Monopole Located at 2401 Irvine Avenue (PA2010 -073) ABSTRACT Mobilitie requests a Telecommunications ( "Telecom ") Permit to install a 62 -foot high false eucalyptus tree (monopole) Telecom facility on a church property located at 2401 Irvine Avenue. The proposal includes the installation of antennas and equipment for Verizon Wireless. The design can accommodate three additional carriers on the monopole for a total of four carriers. Should the facility be approved, each additional carrier would be required to obtain a separate Telecom approval pursuant to Municipal Code Chapter 15.70 (Wireless Telecommunication Facilities). This item was discussed at the February 12, 2013, City Council meeting and continued to this meeting to allow the applicant sufficient time to revise the application and provide additional information pursuant to City Council direction. RECOMMENDATION 1. Conduct Telecom application review; and 2. Adopt Resolution No. 2013 -30, approving Telecom Permit No. TP2010 -010 (Attachment A). FUNDING REQUIREMENTS There is no fiscal impact related to this item 1 Mobilitie Telecommunications Permit (PA2010 -073) March 26, 2013 Page 2 DISCUSSION Project Setting The proposed Telecom facility is located on the Harbor Christian Church property at the intersection of Irvine Avenue and Santa Isabel Avenue near Upper Newport Bay, on the edge of the City boundary adjacent to the City of Costa Mesa. The site is approximately 87,190 square feet in area and is developed with church buildings, a playground, surface parking, and landscaped areas. The landscaped areas currently include eucalyptus trees and pine trees that vary in height from approximately 12 feet to 80 feet high. At its highest point the existing church building is 30 feet high and the attached cross on the northeast side of the building is 34 feet high. There are four existing Telecom facilities on site: two on the church building (T- Mobile and AT &T) and two in the cross (Sprint and Clearwire), which was constructed to house Telecom equipment. Verizon Wireless is not one of the existing carriers on site. Mobilitie Telecommunications Permit (PA2010 -073) March 26, 2013 Page 3 Project Description Mobilitie is a developer and owner of towers for telecommunications service providers, such as Verizon Wireless. The application is a request to install a 62 -foot high false eucalyptus tree that includes the installation of 12 Verizon Wireless panel antennas and one directional antenna. The applicant's project description and justification is provided as Attachment C. The false tree is a stealth facility as the antennas are hidden from view by its "branches" and "leaves." The 230 - square -foot equipment shelter is proposed to be adjacent to the existing church building and includes a 6 -foot high decorative block wall to screen the associated equipment. The edge of the proposed equipment enclosure would be located 26 feet 9 inches from the property line and the center of the proposed monopole would be located 23 feet 4 inches from the property line. The property line is 5 feet 6 inches away from the curb at Irvine Avenue. The design of the monopole can accommodate three additional carriers (four total). Mobilitie proposes this design to allow a new carrier to collocate on the monopole, as well as the flexibility for any of the four existing carriers on site to relocate their antennas from the church building or cross to the monopole. Mobilitie received letters of intent to collocate on the monopole from three carriers: T- Mobile, AT &T, and Metro PCS. Only Metro PCS is currently not located on the property. Any future installations would require review and approval by the Community Development Director or the City Council depending on the project specifics. Background — City Council Hearing At its meeting of February 12, 2013, the City Council reviewed the subject application. The minutes from the February 12th meeting are provided as Attachment D, and the staff report is provided as Attachment E. The City Council discussed the proposed project and expressed concern with the design, location, height, and aesthetics of the proposed project. The primary concerns with the project included: • Irvine Avenue is a primary entrance into the City from the north and the proposed project would be visible from this scenic road. • The proposed height is intended to accommodate future carriers. • The Municipal Code prioritizes several types of location categories for Telecom facilities preferable to a new false tree, and some of those options may be feasible. • The visual appearance of a false tree. • The landscaping surrounding the project, and the need for a professional landscape architecture design. • The height of the proposed additional trees at planting, and the amount of time it would take until the trees were at a mature height. • Maintaining the structure in good condition throughout its life. 3 Mobilitie Telecommunications Permit (PA2010 -073) March 26, 2013 Page 4 In consideration of these concerns, City Council moved to: a) determine that the height of the monopole should be 62 feet; b) direct the applicant to utilize the services of a landscape architect; c) direct staff to generate appropriate conditions for the project; d) direct staff to return with an appropriate resolution for adoption; and e) continue the application to March 26, 2013. The motion did not suggest that the City Council would approve the project with the requested changes, but that the application would be evaluated once all pertinent information was provided. Based on City Council direction, the applicant engaged the services of a landscape architect and revised the proposed landscape plan. The additional landscaping includes three water gum trees, two aleppo pine trees, 17 boxwood shrubs, and four yellow trumpet vines. Condition No. 14 would allow the final plant selection to be approved by the Community Development Director. In an attempt to make the tree appear more like the existing eucalyptus trees on site, the false tree design was modified to include fewer branches below the lowest antenna array and to have a wider diameter of 27 feet near the top of the tree. The transition where the "trunk" splits was also amended to look more natural. Staff has drafted a resolution for approval of the project with findings and conditions of approval (Attachment A). Maintenance and landscape requirements are addressed in Condition Nos. 11 -14. Photographic visual simulations depicting the existing and proposed conditions at the site are included as Attachment F. The simulations show additional landscaping at planting, at five years, and at maturity ( -20 years). The plans depicting the proposed project include landscape plans and are provided as Attachment G. Alternatives The City Council may also approve a modified project or deny the application. Should the City Council determine that the required findings cannot be made and the proposed project does not meet the purpose and intent of Chapter 15.70, a draft resolution for denial of the project is provided as Attachment B. It may be necessary for the City Council to include additional facts regarding the required findings. ENVIRONMENTAL REVIEW Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15303 (Class 3 — New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Class 3 exempts the construction of limited IN Mobilitie Telecommunications Permit (PA2010 -073) March 26, 2013 Page 5 numbers of new, small facilities or structures and installation of small new equipment and facilities in small structures. NOTICING At its February 12, 2013, meeting, the City Council reviewed this application and continued the item to a date certain, March 26, 2013; therefore, no additional notice is required. The item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. The agenda item for the February 12, 2013, meeting was noticed according to the Brown Act and Municipal Code. Submitted by: Kimberly .O Director Attachments: A. Draft Resolution — Approve B. Draft Resolution — Deny C. Applicant's Project Description and Justification D. Minutes from February 12, 2013 E. Staff Report from February 12, 2013 F. Photo Simulations G. Project Plans J NO City Council March 26, 2013 Attachment A Draft Resolution — Approve 7 2 RESOLUTION NO. 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: �yx.�r�• ►�r�- �r_�ra�•Ala►rtr<• M;FAX"r, -a 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. I City Council Resolution No. _ Paqe 2 of 9 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. Findinq: 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. 10 City Council Resolution No. _ Paqe 3 of 9 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 11 City Council Resolution No. _ Page 4 of 9 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. N 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 ado�ted at a regular meeting of the City Council of the City of Newport Beach, held on the 26t day of March, 2013, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBE ABSENT COUNCILMEMBERS MAYOR r_�Irr��IM CITY CLERK 12 City Council Resolution No. _ Paqe 5 of 9 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. 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. 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. 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. 13 City Council Resolution No. _ Paqe 6 of 9 The applicant shall report in writing the result of each maintenance inspection and any repairs made to the Community Development Director on July 15S 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. 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. PR' City Council Resolution No. _ Paqe 7 of 9 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 roof top area. 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 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. 15 City Council Resolution No. _ Paqe 8 of 9 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 operator who intends to abandon or discontinue use of a 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 Telecom facility 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, 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 10 City Council Resolution No. _ Paqe 9 of 9 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. 17 12 City Council March 26, 2013 Attachment B Draft Resolution — Deny 19 20 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DENYING 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: 6-1 *er Is] 0MR.OI IF-All r1 LTA :1►r1111130MWITS]01 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. Pursuant to Section 15270 of the California Environmental Quality Act ( "CEQA ") Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. The City Council may approve a Telecom Permit application only after making each of the required findings set forth in Section 15.70.070.F.3 of the Newport Beach Municipal Code: 21 City Council Resolution No. _ Paqe 2 of 2 A. The approval is necessary to allow the facility to function as intended and identified alternatives to the proposal are not feasible. 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. In this case, the City Council was unable to make the required findings based upon the following: 1. The existing church building, a new stealth facility, and other higher priority locations are available and feasible alternatives to the proposed false tree monopole. 2. Approval of the application would result in greater- than -usual visual impacts on nearby property owners, residents, and businesses due to the height, location, and design of the telecom facility. 3. A false tree at this location does not blend in with the surroundings and is visually intrusive. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach hereby denies Telecom Permit Application No. TP2010 -010. 2. This resolution was approved and adopted at a regular meeting of the City Council of the City of Newport Beach, held on the 26 day of March, 2013, by the following vote, to wit: r AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: CITY CLERK 22 City Council March 26, 2013 Attachment C Applicant's Project Description and Justification 23 24 R E L C O M Project Name: Galaxy Project Location: Harbor Christian Church RealCom Associates. LLC Authorized Agent for Mobilitie 2401 Irvine Avenue, Newport Beach, CA 9266o Local Jurisdiction: City of Newport Beach, CA PROJECT DESCRIPTION AND JUSTIFICATION PROJECT DESCRIPTION Applicant: Mobilitie is a developer and owner of towers, specializing in building towers to meet the specific needs of wireless telecommunications service providers. Mobilitie offers a Lease- to -Suitl model, which presents service providers /carriers the opportunity to have facilities built for them without the carrier having to expend up front capital costs associated with the traditional method of carrier construction and ownership. This results in Mobilitie retaining ownership and maintenance of the tower while carriers become tenants of Mobilitie. Location and Design: For the project at hand, Mobilitie is proposing a 62400t tall stealth tower designed as a Eucalyptus tree ( "mono- Eucalyptus ") and for collocation, to be located at 24ol Irvine Avenue (which property is owned by Harbor Christian Church). If approved by the City of Newport Beach (the "City "), Verizon Wireless will be the first and immediate tenant on this stealth tower, as they do not currently have a facility at or near this location. Other carriers have expressed interest in collocating on this mono - Eucalyptus in the future. At present, however, Verizon Wireless is the only carrier a part of this application. Verizon Wireless has named this site "Galaxy ", which will be referenced throughout the materials for this application. Zoning Designation and Siting Preference: The proposed site is located within the Private Institution (PI) zoning designation surrounded by developed residential parcels and open space land use designations. As shown on the Land Use Map (Figure 1) and Aerial Map (Figures z & 3) below, the area surrounding Irvine Avenue is zoned residential and consists of developed residential parcels of varying density. Additionally, the Upper Newport Bay is located adjacent to the proposed site and cannot be developed upon. The only viable option (see Alternative Sites below for more detailed analysis of alternate locations) for Mobilitie is to utilize the subject non - residential, developed church parcel, especially because a wireless telecommunication use is already established within a disguised cross structure owned and operated by another carrier. This complies with Chapter 15.70 of the City's Municipal Code in terms of its purpose and intent of encouraging the siting of wireless facilities in non - residential locations. Eauioment: Verizon Wireless plans to mount a total of twelve (12) panel antennas and one (1) directional antenna on the proposed mono - Eucalyptus. The associated equipment cabinets are to be Page 1 of 13 Project Description & Justification Statement 2.25.12 25 located on the ground adjacent to the existing church building, the proposed tower and an existing wireless communications compound owned and operated by another carrier not connected to this proposed Mobilitie facility. Verizon Wireless' equipment cabinets will occupy a 13'x 17' -9" area to be enclosed by 6 -foot tall decorative CMU block walls. The walls will have a stucco finish to match the existing church building facade. Visibility: Mobilitie and Verizon Wireless carefully chose to situate the proposed facility in its entirety (tower and equipment cabinets) closer to Irvine Avenue in consideration of the residential areas to the west of Tustin Avenue and south of Santa Isabel Avenue. Further, the proposed facility will be located among a cluster of natural trees and tucked within the existing building envelope and landscaped area. The project site includes approximately Fifty -six (56) Eucalyptus trees scattered over the Church property, providing the basis for the mono - Eucalyptus design. The existing Eucalyptus trees are generally mature, ranging in heights from 45 feet to over 65 feet in height. The Church building will screen the equipment enclosure and the lower of portion of the mono - Eucalyptus from the south and west views, while existing Eucalyptus trees will provide a background for the mono - Eucalyptus from the north and east views. The mono - Eucalyptus design, in conjunction with its location, minimizes visual impact by blending into existing surroundings, as shown by the concurrently submitted photo simulations (attached) and Figure 6 Mobilitie Mono - Eucalyptus -_ Example Photograph. Height: Chapter 20.30 of the City's Municipal Code sets a height limit of 50 feet for non - residential structures, with Chapter 15.7o allowing another 15 feet in height (for a total of 65 feet) subject to City Council's review and approval. As such, the proposed 62 -foot tall mono - Eucalyptus is within the limits permitted by Code. The Applicant, Mobilitie, requires the tower to have an overall height of 62 feet in order for Verizon Wireless's panel antennas to have a center -line of 59 feet above ground level to achieve its coverage objectives, while also allowing adequate antenna heights and vertical separation for the installation of three (3) future wireless carriers. Currently, Mobilitie has commitments and /or letters of interest /intent from T- Mobile, AT &T Wireless and Metro PCS, in addition to the commitment from Verizon Wireless. Having a 62 -foot tall tower is also necessary for collocation, as the proposed mono - Eucalyptus is designed to support three future carriers, for a total of four including Verizon Wireless. The antennas of lowest future carrier must be a minimum of seven (7) feet above the Church building, 30 feet in height, in order for radio signals to not be blocked by the building; while the seven (7) feet separation between the four (4) antenna arrays is the minimum necessary to avoid signal interference between the wireless carriers. Coverage Objective: The location of wireless telecommunications facilities are based on technical requirements including service area, geographical elevations, alignment with neighboring sites and customer demand components. In this case, existing coverage for Verizon Wireless around Irvine Avenue and Santa Isabel Avenue is generally weak (See Figure 4, Galaxy "Before" Coverage Map), creating a significant gap in coverage, especially for the new 4G(LTE services. Street level coverage is marginal and hence indoor coverage is poor due to building and clutter losses. Depending on specific location, some Verizon customers will not be able to make calls when they are indoors. Verizon's objective is to provide excellent coverage, both indoors and outdoors in order to give their customers a better experience and also to provide adequate coverage in case of an emergency. Verizon Wireless, therefore, must improve service for its subscribers in this area who rely on mobile communication (including, but not limited to, access to emergency services). Verizon Wireless is also interested in providing coverage for large accounts that may require service in the area such as Southern California Edison, Newport Beach Police and Orange County Fire Authority. The subject Page 2 of 13 Project Description & Justification Statement 2.25.12 MW church property is the one and only non - residential location that can meet the coverage objective described above, especially taking into consideration the relatively flat topography of the area with slight meandering curvature along the perimeter of Irvine Avenue and the Upper Newport Bay area. Alternative Sites: The search area, as defined by Verizon Wireless Radio Frequency engineering studies, had limited alternate candidates which could meet the City's locational criteria due to the predominately residential land uses in and surrounding the search area. The following alternate candidates were identified as the only other non - residential properties nearby, and evaluated as potential wireless telecommunication facility locations: A - Back Bay & Monte Vista High School, 3go Monte Vista Drive, Costa Mesa, CA 82627: This alternate candidate is located at the corner of Monte Vista Drive and Irvine Avenue, approximately one - quarter (%) mile north of the proposed Galaxy site location. Located in the City of Costa Mesa, this property is zoned IR -S (Institutional & Recreational — School) and surrounded by Residential zoning properties. This candidate could be considered a viable site from RF and construction requirements. However, any wireless facility location on the school property would potentially interfere with the schools operation and would be highly visible from on -site classrooms and surrounding residential dwelling, as there are very few existing mature trees to serve as screening. None of the existing structures were high enough to provide the necessary antenna rad center heights needed to cover the identified coverage gap. Therefore, the site was not considered the most appropriate location from the zoning and design standpoint. B - Upper Back Bay Nature Preserve, 2301 University Drive, Newport Beach, CA 92660: This alternate candidate is located on University Drive, approximately 0.4 mile north of the proposed Galaxy site location. This property is zoned PC 44 (Upper Newport Bay Regional Park), and designated as Open Space in the General Plan and Coastal Plan. This candidate was not considered feasible by Verizon Radio Frequency Engineering as it was too far north to adequately cover the identified gap to the south, and that this alternate location would overlap with a proposed (un- built) Verizon wireless facility to be located in the Santa Ana Heights neighborhood. Thus, this alternate candidate was rejected. C - Newport-Mesa Family YMCA, 2300 University Drive, Newport Beach. CA 9266o: This alternate candidate is located on University Drive, approximately 0.5 mile north of the proposed Galaxy site location. This property is zoned PF (Public Facility). This candidate was not considered feasible by Verizon Radio Frequency Engineering as it was too far north to adequately cover the identified gap to the south, and that this alternate location would overlap with a proposed (un- built) Verizon wireless facility to be located in the Santa Ana Heights neighborhood. Thus, this alternate candidate was rejected. D - Bay Corporate Plaza, 228o University Drive, Newport Beach. CA g266o: This alternate candidate is located on University Drive, approximately 0.5 mile north of the proposed Galaxy site location. This property is zoned OG (Office General). This candidate was not considered feasible by Verizon Radio Frequency Engineering as it was too far north to adequately cover the identified gap to the south, and that this alternate location would overlap with a proposed (un- built) Verizon wireless facility to be located in the Santa Ana Heights neighborhood. Thus, this alternate candidate was rejected. Alternative Facility Designs: The height of the existing cross structure and the church roof -top do not meet the height requirements of Verizon Wireless coverage objectives (minimum 45 -feet Page 3 of 13 Project Description & Justification Statement 2.25.12 27 antenna height); therefore, the height of any replacement facility would need to be substantially expanded to meet any collocation objectives of the Applicant. Alternative architectural designs considered for the Harbor Christian Church site included the expansion of the existing cross structure and the addition of a new architectural tower. Replacement Cross Structure: A replacement cross structure meeting the same collocation and the coverage objectives of the wireless carriers would need to have a minimum height of eighty (8o') feet, which would exceed the maximum allowable City height of 65 feet. This projected height is based on an expanded cross design and similar antenna separation criteria to that used for the mono - Eucalyptus. Additionally, the crossbar would have a width of approximately 35 feet, to maintain the same proportions of the existing cross structure. This design alternative is considered to be not viable due not meeting City of Newport Beach height standards for wireless telecommunication facilities and the height limit for the Public Institution zoning district. Additionally, the a cross of this height and width was thought to be significantly out of proportion with the church building, and to have very poor architectural aesthetics. New Church Tower: An architectural tower to accommodate 4 wireless carriers built on the church rooftop, or immediately adjacent to the church building, would have the same approximate height of the proposed mono - Eucalyptus, and thus meet the City height criteria. However, the church rooftop was not designed or built to structurally support such a tower, thus this alternative would not be a viable option. An architectural tower built adjacent to the church would need to be in the same location as the proposed mono - Eucalyptus, this being the only available ground space. However, it was determined that a tower built here would not appear integrated with the architecture of the church building, and the tower mass could potentially interfere with the carrier antennas located in the existing cross structure. The tower design alternative is considered to be not viable due to poor aesthetics in relation to the existing church building and structures and structural constraints. Conclusion: The proposed site meets the locational coverage objectives of Verizon Wireless radio frequency engineers, meets the Newport Beach Development Code locational preference, and provides the most up -to -date design minimizing visual impact on public views of the surrounding community. The approval of the proposed site is necessary to allow the facility to function as intended for the following reasons: • The proposed site is the only viable location consistent with the Newport Beach Municipal Code Chapter 15.70 locational preferences. The proposed location is the only non - residential parcel suitable for the development of a collocateable wireless communication facility. Identified Alternative Sites to the proposed Church property location are not feasible. Alternative design options include the existing cross structure which contains wireless antennas within the structure, and the church rooftop. These alternatives are not viable due to height and structural constraints. The existing height of the cross facility and the church roof -top does not meet the height requirements of Verizon Wireless coverage objectives. Additionally, the cross structure does not contain enough structural space to house an additional carrier within the facility. Page 4 of 13 Project Description & Justification Statement 2.25.12 22 The approved facility will not result in conditions that are detrimental to nearby property owners, residents and businesses, nor to public health or safety. The proposed facility is designed in compliance with the Newport Beach Municipal Code regulations and will operate within approved FCC standards. The proposed mono - Eucalyptus facility is designed to minimize visual impact to the surrounding community by blending into the existing environment among natural trees. Not only will the proposed facility not result in any adverse impacts to the community, it will help the community by providing wireless services especially important in case of emergencies. The above demonstrates that the approval of the proposed site is necessary to allow the facility to function as intended will not result in conditions which are materially detrimental to nearby property owners, residents and businesses, nor the public health or safety. JUSTIFICATION STATEMENT As outlined in the Newport Beach Municipal Code Chapter 15.70 the purpose and intent of establishing wireless telecommunication facility regulations is to: • Encourage the location of antennas in non - residential areas. Strongly encourage collocation at new and existing antenna sites. Encourage telecom facilities to be located in areas where adverse impacts on the community and on public views are minimized. To ensure compatibility with the above mentioned objectives the proposed site, Harbor Christian Church, provides the best locational opportunity for the establishment of a wireless communication facility. The proposed facility is located on the only feasible non - residential zoned parcel in the vicinity requiring coverage, the facility is specifically designed collocation, and the faux Eucalyptus tree is designed to minimize visual impacts and blend into the surrounding environment. As depicted in Figure 1, Newport Beach Land Use Map, the proposed site is the only non - residential zoned parcel within the area which is compatible with the purpose and intent of Chapter 15.70. The proposed site meets the locational coverage objectives of Verizon Wireless radio frequency engineers, meets the Newport Beach Development Code locational preference, and provides the most up to date design minimizing visual impacts on public views of the surrounding community. The proposed site is designed in compliance with Newport Beach Municipal Code Chapter 15.7o and Chapter 20.30 and does not pose any adverse impacts on the surrounding community. Compliance with Municipal Code 15.70.05o.B.2: Chapter 15.70.050.6.2 Special Requirements specifies that the applicant shall be required to show to the satisfaction of the Council that: a. Higher priority locations are either not available or are not feasible. Analysis — The Code specifies priority locations in the following order: • Wall, roof or existing co- location structure or site; • Existing pole, light standard, or utility tower; • Commercial sign or architectural feature; Page 5 of 13 Project Description & Justification Statement 2.25.12 29 • New or existing "stealth" structure other than a false tree; Priority locations included exploring the feasibility of the existing cross structure which contains wireless antennas within the structure and the church rooftop. These alternatives are not viable due to height and structural constraints. The existing height of the cross facility and the church roof -top did not meet the height requirements of Verizon Wireless coverage objectives. Additionally, the cross structure did not contain enough structural space to house an additional carrier within the existing facility. The proposed site provided the most compatible location to accommodate the mono - Eucalyptus design which was the best alternative that provided the required height to meet Verizon Wireless' coverage objectives. Additionally, the mono - Eucalyptus design provides an opportunity for collocation of additional carriers, provides the most visual screening, and blends into the cluster of existing trees which minimizes visual impacts to the traveling public and surrounding community. b. Establishment of a facility on a new standard monopole or lattice tower is necessary to provide service. Analysis -As stated in section a, the establishment of a facility of a new stealth monopole is necessary to provide service in the area because the proposed site and design was the only alternative that met the height requirements for Verizon Wireless coverage objectives, the proposed design allows collocation opportunities, and the proposed design provides the best visual screening of associated antennas and equipment. As previously stated the location of wireless telecommunications facilities are based on technical requirements which include service area, geographical elevations, radio frequency height requirements, alignment with neighboring sites and customer demand components. Establishment of a new mono - Eucalyptus is required to meet the structural and height requirements to provide service to the coverage area. Because the existing cross facility and existing church facility pose structural and height constraints the best feasible option is the installation of a mono - Eucalyptus which provides the necessary height to meet Verizon Wireless coverage objectives and the design provides collocation opportunities for future carriers. c. Lack of such a facility would result in a denial of service. Analysis - This proposed site is a Verizon Wireless "coverage" site designed to enhance services in the area of the proposed project. The lack of this facility would result in a gap in the Verizon Wireless' network coverage of the area. As shown on the coverage maps, the proposed facility in combination with the existing "neighboring" facilities will provide continuous network coverage to the entire community surrounding Upper Newport Bay and the residential communities adjacent to the 55 and 73 Freeways. As demonstrated in Figure 4, Galaxy "Before" Coverage Map, and Figure 5, Galaxy "After" Coverage, the proposed facility will enhance services to the residential communities along Irvine Avenue and the traveling public along Irvine Avenue and the Upper Newport Bay area. Lack of the facility would result in denial of service to the traveling public along Irvine Avenue and the residential community surrounding Irvine Avenue, Santiago Drive, and Santa Isabel Avenue. Page 6 of 13 Project Description & Justification Statement 2.25.12 so Compliance with Municipal Code Chapter 15.070.F: Chapter 15.07o.F specifies that applications subject to special review may be approved by the City Council if it makes the following findings: a. The approval is necessary to allow the facility to function as intended and identified alternatives to the proposal are not feasible. Analysis -As previously stated, the establishment of a new stealth monopole is necessary to provide service in the area because the proposed site and design is the only alternative that meets the height requirements of Verizon Wireless coverage objectives, the proposed design allows collocation opportunities, and the proposed design provides the best visual screening of associated antennas and equipment. The location of wireless telecommunications facilities are based on technical requirements which include service area, geographical elevations, radio frequency height requirements, alignment with neighboring sites and customer demand components. Establishment of a new mono - Eucalyptus is required to meet the structural and height requirements to provide service to the coverage area. Priority locations included the Alternative Sites previously identified and exploring the existing cross structure which contains wireless antennas within the structure and the church rooftop. These Alternative Sites were not viable options due to site locations restrictions or Radio Frequency inadequacies, while the Church roof top and cross were not viable options due to height and structural constraints. The existing height of the cross facility and the church rooftop do not meet the height requirements of Verizon Wireless' coverage objectives. Additionally, the cross structure did not contain enough structural space to house an additional carrier within the existing facility. The proposed site provided the most compatible location to accommodate the mono - Eucalyptus design which was the best alternative that provided the required height to meet Verizon Wireless coverage objectives. Additionally, the mono - Eucalyptus design provides an opportunity for collocation of additional carriers, provides the most visual screening, and blends into the cluster of existing trees which minimizes visual impacts to the traveling public and surrounding community. Page 7 of 13 Project Description & Justification Statement 2.25.12 S1 b. The approved facility will not result in conditions which are materially detrimental to nearby property owners, residents, and businesses, or the public health and safety. Analysis - The structure of the General Plan is developed to guide growth and protect the health, safety, and general welfare of its residents. By designing the proposed facility in compliance with the General Plan and Newport Beach Development Code the proposed project will not compromise the health, safety and general welfare of the City of Newport Beach residents. The facility will not generate any traffic, will not emit significant amounts of pollutants, and will not pose any significant visual impacts on the surrounding community. Mobilitie and Verizon Wireless are regulated by the Federal Communications Commission (FCC) and are authorized to operate. Verizon's telecommunications facilities operate at the lowest possible power levels and are well below established standards used by the FCC for safe human exposure to radio frequency electromagnetic fields. These standards have been tested and proven safe by the American National Standards Institute (ANSI) and the Institute of Electrical and Electronics Engineers (IEEE). The proposed facility will operate under the purview of FCC and the 1996 Telecommunications Act. Please reference the attached FCC guide on radio frequency information related to health. The proposed communications facility will operate in full compliance with the FCC adopted standards for radio frequency emissions as published by ANSI. Page 8 of 13 Project Description & Justification Statement 2.25.12 32 A Proposed Site �� X111 0 B UPPER NEWPORT �--� Figure 1 Newport Beach Land Use Map — The proposed site is the one and only non- residential parcel suited for wireless development consistent with Municipal Code Chapter 15.70, which encourages the location of antennas in non - residential areas, encourages collocation opportunities, and located in an area able to minimize visual impact on community and public views. The proposed site and the Alternative Sites (A -D) identified are shown on the above map. Page 9 of 13 Project Description & Justification Statement 2.25.12 33 Figure z Aerial Map of Proposed Site — As depicted in this aerial map, the proposed site is surrounded by developed residential parcels and undevelopable open space designation of Upper Newport Bay. Figure 3 Zoomed Aerial Map of Proposed Site • As depicted above, the proposed facility will be located adjacent to Irvine Avenue and tucked within the existing building envelope and natural trees within a landscaped area. Page 10 of 13 Project Description & Justification Statement 2.25.12 Mil Figure 4. Galaxy "Before" Coverage Map — As demonstrated by the above map the surrounding area encompassing the proposed site, indicated by the yellow and red areas, lack adequate signal coverage. Without the proposed site, the area adjacent to Irvine Avenue, Upper Newport Bay and the surrounding residential neighborhood would lack coverage. Page 11 of 13 Project Description & Justification Statement 2.25.12 35 Figure 5. Galaxy "After" Coverage Map — As indicated by the green area on the above map the proposed site will provide coverage to the residential community along Irvine Avenue and the Upper Newport Bay, as well as, the traveling public along Irvine Avenue. The proposed site, in combination with existing /neighboring Verizon Wireless sites, will enhance service to the entire community along 55 and 73 freeways and the residential community surrounding the Upper Newport Bay area. Page 12 of 13 Project Description & Justification Statement 2.25.12 so Figure 6 - Mobilitie Mono - Eucalyptus - Example Photograph Page 13 of 13 Project Description & Justification Statement 2.25.12 37 S2 City Council March 26, 2013 Attachment D Minutes from February 12, 2013 39 IN City of Newport Beach City Council Minutes February 12, 2013 Community Development Director Brandt introduced. the item noting that they are follow- up items to Council's adoption of the Housing Element. She reported that through a review of the Housing Element with the State of California Housing and Community Development Department; they identified items that needed follow -up in order for the City to maintain its housing certification as it moves forward through the next Housing Element cycle. She deferred to staff for a report. Assistant Planner Melinda Whelan presented details of the report addressing details of the Zoning Code amendment, background, permitted uses within the Zoning Code and recommendations: Mayor Curry reported that actions are required in order to comply with State law. Motion by Council Member Selich. seconded by Council Member Gardper to introduce Ordinance No. 2013 -4: An Ordinance of the City Council of the City of Newport R,ach. Adopting Zoning Code Amendment No. CA2012 -009 Regarding Single Room 0.,,.mpaacy Residential hotels and Parking Requirements for Emergency Shelters (PA2012- 1i9), and pass to a second reading on February 26, 2018. Mayor Curry opened public comments for this item. Hearing no testimony, he closed public comments. ....Ayes: Council Member Gardner, Council Member Petros, Mayor. Pro Tom Hill, Mayor Corry, ('council Member Selich, Council Member Henn, Council Member Daigle XV'III. CURRENT BUSINESS 21. MOBILITIE TELECOMMUNICATIONS PERMIT FOR FAUX EUCALYPTUS TREE MONOPOLE LOCATED AT 2401 IRVINE AVENUE (PA2010 -073). [100 -20131 Council Member Daigle recused herself from this item since she receives income ftrnm telecommunication companies and proceeded to leave the dais. Community Development Director Brandt introduced the item and deferred to staff for a rec)ort. Associate Planner Fern Nueno presented details of the report noting that the proposed monopole can accommodate four telecom carriers including the proposed Verizon Wireless antennas. She addressed the project site; surrounding areas, site plan, existing buildings and telecom facilities, project plan, total potential antennas, tree materials, equipment enclosures, site photographs, photograph simulations and conditions requiring additional landscaping. In response to an inquiry from Council Member Petros, she addressed the distance between the proposed trees and the existing public right-of-way. She noted that the proposed new trees are similar in height to the proposed faux tree. Director Brandt added that staff just received photo simulations of the faux and proposed new trees, but has not had time to discuss them with the applicant. Brief discussion followed regarding setback requirements for the equipment building. Community Development Director Brandt reported that it would be an accessory structure Volume 61 - Page 59 City of Newport Beach City Council Minutes February 12, 2013 that would need to comply with Municipal Code requirements. She added that there is no variance being requested in terms of the setbacks. Associate Planner Nueno addressed staff concerns relative to the location categories within the Municipal Code noting that staff feels that 'a higher priority location may be feasible. Additionally, staff has concerns with the height being requested above the fifty- four -foot height limit and is unsure whether the additional height is necessary. Presently, the site contains four carriers and the proposed project would allow a total of eight carriers on site. Staff is concerned there may be a potential of over - concentration of co-location telecom facilities and the proposal would allow current carriers to move to the faux tree location. Associate Planner Nueno reported that the coverage needs were not demonstrated within the application relative to the requested height and that the needs of future carriers were not demonstrated as well.. She added that staff is unable to determine whether approval of the application at'a lower height would result in a denial of service. In response to Mayor Pro Tem Hill's inquiry; Director Brandt reported that in conjunction ,with a review of the application, the applicant submitted coverage maps indicating coverage under the varying structure heights and are provided as part of Council's packet. However, distinguishing factors are not shown, especially in outlying areas. She noted that there is no information relative to the height potential additional carriers may need. She reported that staff has identified design options for Council to review and asked for Council direction. She addressed recommendations according to the various options presented. In response to an inquiry from Council Member Gardner, Associate Planner Nueno reported that finis is the first faux tree application that Council has seen and. listed existing monopoles within the City. Mayor Pro Tern Hill inquired regarding the process of establishing the priority of locations. Associate Planner Nueno reported that Council established them when it adopted the Telecommunications Ordinance as part of the Municipal Code in Title 15 and addressed its purpose. She listed the various priorities and their descriptions. Council Member Henn inquired regarding the maintenance of faux trees over time. Director Brandt reported that they have the potential to not age well as the foliage can fade over time and future extensions may not match the original tree. She reported that staff has had discussions with the applicant regarding appropriate maintenance for the proposed tree and they have agreed that they would have an aggressive and on -going maintenance program. This would be addressed through conditions of approval. Mayor Curry invited the applicant to address Council., Volume 61 - Page 60 42 City of Newport Beach City Council Minutes February 12, 2413 James Rogers, representing the applicant, Mobilitie, LLC, reported that the organization. is not a wireless carrier, but rather a commercial real estate developer who works with vertical assets instead of horizontal assets. He stated that the proposal is for a four- carrier wireless facility and Verizon Wireless will be the anchor tenant who will obtain the "choice" spot. He added that Verizon has not requested fifty -nine feet in height but, for a co- location to work there must be a specified vertical separation between sets of antennas. He explained that the lowest antenna would be at thirty -seven feet to clear the church building and that the reason for choosing this location was because it is the only non - residential use in the area. Mr. Rogers explained the four - carrier design noting that they received letters of intent from four carriers, Verizon, Metro PCS, T- Mobile and AT &T. He acknowledged staff concerns relative to T- Mobile and AT &T because they are already on the site and the church has expressed interest in them re- locating as well to remove the existing clutter. By doing so, T- Mobile and AT &T will have 'improved service to their customers as the antenna heights will increase on, the monopole. He addressed staff recommendations relative to increasing the cross height and reported a challenge in that the cross belongs to Sprint and neither they nor the church have any say in the matter and that in order to accommodate everyone the cross would need to be approximately seventy -five feet in height which would be impractical. He also reported that it would be impractical to modify the church building in order to better function as a wireless facility than a church.. Mr. Rogers stressed the need for the additional height stating that a fifty -foot structure would not accomplish the coverage necessary. He reported that if the tree were fifty -feet, only one or two carriers could be accommodated. Mayor Curry opened public comments for this item. Brian Barr, Member of the Board of Trustees of Harbor Christian Church, reported that they have been informed that a number of current wireless lessees on their site are interested in collocating to the monopole. He added that what the site presents is the turn to 4G Long -Term Evolution (LTE). He noted that it will be attractive, as the technology inoves forward and acknowledged that this is a competitive business and is in the process of down-selecting where, in the long -term evolution, there may be fewer carriers. He spoke in support of the matter. Jack Golden, Member of the Board of Trustees of Harbor Christian Church, commented on the congregation's community involvement and service and spoke in support of the matter. He stated that the cell tower installation is seen as another way to improve community service. He reported that the income received by the church helps with its ministry and maintenance of their :facilities and keeps their capital improvements up to . date. Additionally, he listed other community groups that use their facilities. He suggested that concerns could be addressed through conditions of approval. Jim Mosher noted that the proposed project, is near the Upper Newport Bay Nature Preserve, within the coastal zone and along a designated scenic road. He felt that the project will have negative visual impacts and spoke in opposition to the proposed project. He suggested that the Bay Corporate Plaza would be a more appropriate site for the proposed monopole or construction of a bell tower completely enclosing the antennas at the proposed site. Volume 61- Page 61 43 City of Newport Beach City Council Minutes February 12, 2015 Ava Goodwin - Noriega, Costa Mesa resident, wondered what rent would be paid to the church for these wireless communication facilities and reported on an existing faux tree at the corner of Harbor and Wilson. She expressed concerns with the potential negative visual. impacts of a faux tree. Hearin.- no further testimony, Mayor Curry closed public comments. Mayor Curry invited the applicant to the podium to respond to questions. Mr. Rogers reported that the proposed faux tree is sixty -two feet and that the proposed live trees will vary in height between forty and fifty feet. He stated that the size of the trees at the time of planting will be determined within the landscape plan. Mayor Pro Tern Hill reported visiting the site and noted that the church has existing antennas on it which are not attractive and commented positively on removing some of those antennas. He reported visiting Fullerton to see the only faux eucalyptus tree in existence and opined that it is very attractive but is questionable at the point where the main trunk splits into three branches. He stated that the foliage does a good job in hiding the antennas. He stressed the importance of placing additional landscaping around the tree and suggested the possibility of adding trees of various heights so that they would block the section where the branches split from the main trunk. Mayor Pro tem Hill reported that he would support the item if the aesthetic challenges could be resolved. He did not believe that setbacks are an issue and stated that he doesn't have an issue with 7rei ght. Motion by M€,yor Pro Tom Hill seconded by Mayor Curry to a) direct staff to generate appropriate conditions for the project; b) determine that the height of the monopole should, be 62 feet; c) continue the application to March 26, 2013; and d) direct staff to return -ssith aii appropriate resolution for adoption. Community Development Director Brandt reported that staff recommends continuing the aforementioned item to the Council meeting of March 26, 2013. There was no objection to the recommendation by staff. Council Member Selich asked the maker of the motion to include engaging the services of a landscape architect prior to the item returning to Council. Council Member Petros commented on ways to enter into the city from the north and did not feel that the proposed project would add to the experience. He expressed concerns with exceeding the City's height standards to accommodate future carriers. Council Member Gardner referenced the City's Telecom policies and felt that there are other options available. She opined that the proposed tree is ugly and stated that she will not support the motion. Mayor Curry agreed with the site suggested by Mr. Mosher relative to an alternative location for the proposed facility. He addressed the growth in telecommunications and noted the need for infrastructure to improve telecommunication services. Mayor Pro Tern Hill and Mayor Curry accepted the addition to the motion as suggested by Council Member Selich. Volume 61 - Page 62 44 City of Newport Beach City Council Minutes February 12, 2013 Council Member Selich indicated he will support the motion and agreed that the aesthetic concerns need to be addressed. He commented that the monopoles that he has witnessed that look bad are those that sit by themselves and by placing the proposed in a group of trees will help to mitigate visual impacts. Council Member Henn stated he will support the motion but that he wants to see how the aesthetic issues will be addressed and to make sure we understand the maintenance conditions that will be developed. He indicated that his support for the motion should not be construed as support for approval of the item when it comes back to Council. Amended motion by Mayor Pro Tom Hi seconded by Mayor Curry to a) direct staff to generate appropriate conditions for the project; b) determine that the height of the monopole should be 62 feet; c) continue the application to March 26, 2013; d) direct staff to return with an appropriate resolution for adoption; and e) direct the applicant to utilize the services of a landscape architect. The amended motion carried by the following roll call vote: k; es: Mayor Pro Tern Hill, Mayor Curry, Council Member Selich, Council Member Henn Noes: Council Member Gardner, Council Member Petros Recused: Council Member Daigle Council Member Daigle entered the Chambers and took her place on the dais. 22. INITIATION OF AN AMENDMENT TO THE COASTAL LAND USE PLAN AND .:COUNCIL POLICY ESTABLISHINTG AN ENCROACHMENT PROGRAM FOR EAST OCEANFRONT. [100 -20131 Mayor Curry noted that the aforementioned item was discussed extensively during study session and called for a report from staff. Community Development Deputy Director Brenda Wisneski presented details of the report including staff recommendations. M,gtio bvCouncil Member. Henn, seconded by Council Member Petros to direct staff to initiate an amendment to the Coastal Land Use Plan Policy 3.1.3 and City Council Policy 1,12 establishing an Encroachment Program for East Oceanfront. Council Member Henn added that while he understands that there are a lot of unanswered questions, there needs to be a construct to move forward in order to obtain the answers. He noted. that there have been conversations with Coastal Commission staff and there is prospect that something like the proposed may gain approval. Council Member Gardner expressed concerns with moving ahead at this point because of the requirement for restoration. She stated that she would like to know upfront what the Coastal Commission considers as restoration. Council Member Selich agreed with Council Member Gardner's comment and stated that further consultation is needed noting that "restoration" has significant meaning to the Coastal Commission. He felt that additional information is needed in terms of what the costs will entail and indicated that he will not support the motion. Volume 61 - Page 63 45 :'lw City Council March 26, 2013 Attachment E Staff Report from February 12, 2013 4j 42 SEW PORT C I 11 OF M- NEWPORT BEACH City Council Staff Report Agenda Item No. 21 February 12, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Fern Nueno, Associate Planner APPROVED: ltx v TITLE: Mobilitie Telecommunications Permit for Faux Eucalyptus Tree Monopole Located at 2401 Irvine Avenue (PA2010 -073) ABSTRACT Mobilitie requests a Telecommunications (Telecom) Permit to install a 62 -foot high false eucalyptus tree (monopole) Telecom facility on a church property located at 2401 Irvine Avenue. The proposal includes the installation of antennas and equipment for Verizon Wireless. The design can accommodate three additional carriers on the monopole for a total of four carriers. Should the facility be approved, each additional carrier would be required to obtain a separate Telecom approval pursuant to Municipal Code Chapter 15.70 (Wireless Telecommunication Facilities). RECOMMENDATION Conduct Telecom application review; 2. Provide direction to applicant and staff regarding comparative height analysis of the structure of 57 feet, 56 feet, and /or 50 feet, and the preferable design of the structure; and 3. Continue the application to March 26, 2013, and direct staff to return with the appropriate resolution for adoption. FUNDING REQUIREMENTS There is no fiscal impact related to this item. 49 Mobilitie Telecommunications Permit (PA2010 -073) February 12, 2013 Page 2 Project Setting The proposed Telecom facility is located on the Harbor Christian Church property at the intersection of Irvine Avenue and Santa Isabel Avenue near Upper Newport Bay, on the edge of the City boundary adjacent to the City of Costa Mesa. The site is approximately 87,190 square feet in area and is developed with church buildings, a playground, surface parking, and landscaped areas. The landscaped areas currently include eucalyptus trees and pine trees that vary in height from approximately 12 feet to 80 feet high. At its highest point the existing church building is 30 feet high and the attached cross on the northeast side of the building is 34 feet high. There are four existing Telecom facilities on site: two on the church building (T- Mobile and AT &T) and two in the cross (Sprint and Clearwire), which was constructed to house Telecom equipment. Verizon Wireless is not one of the existing carriers on site. 150 Mobilitie Telecommunications Permit (PA2010 -073) February 12, 2013 Page 3 Project Description Mobilitie is a developer and owner of towers for telecommunications service providers, such as Verizon Wireless. The application is a request to install a 62 -foot high false eucalyptus tree (monopole) that includes the installation of 12 Verizon Wireless panel antennas and one directional antenna. The false tree is a stealth facility as the antennas are hidden from view by its "branches" and 'leaves." The 230 - square -foot equipment shelter is proposed to be adjacent to the existing church building and includes a 6 -foot high decorative block wall to screen the associated equipment. The design of the monopole can accommodate three additional carriers (four total). Mobilitie proposes this design to allow a new carrier to collocate on the monopole, as well as the flexibility for any of the four existing carriers on site to relocate their antennas from the church building or cross to the monopole. Mobilitie received letters of intent to collocate on the monopole from three carriers: T- Mobile, AT &T, and Metro PCS. Any future installations would require review and approval by the Community Development Director or the City Council depending on the project specifics. Photographic visual simulations from five vantage points depicting the existing and proposed conditions (showing the monopole with four carriers) at the site are included as Attachment D. The plans depicting the proposed project are provided as Attachment E. After discussions with City staff regarding the height of the proposed monopole, the applicant provided Attachment C demonstrating two options for a Telecom facility at a lower height that would accommodate up to three carriers. Option One allows for three carriers with the top of the structure at 57 feet high, which is five feet lower than the proposed monopole. Option Two allows for three carriers with the top height of the structure at 56 feet high. Analysis Consistency with General Plan, Coastal Land Use Plan, and Zoning Code The subject property is designated as Private Institutions (PI) by the Land Use Element of the General Plan and the Coastal Land Use Plan. The PI designation is intended to provide for privately owned facilities that serve the public. The Private Institutions land use designation is implemented by the Private Institutions (PI) Zoning District, which is intended to provide for areas appropriate for privately owned facilities that serve the public, including places for assembly /meeting facilities (e.g., religious assembly). The existing church is consistent with these designations and the proposed project is accessory to the church use. The General Plan Natural Resources Element and the Coastal Land Use Plan designate the nearby portion of Irvine Avenue as a Coastal View Road and establish 51 Mobilitie Telecommunications Permit (PA2010 -073) February 12, 2013 Page 4 policies for protecting and enhancing the coastal views. The subject property is located adjacent to the Coastal View Road and is adjacent to Upper Newport Bay, which contains a number of Public View Points. The intent of the designated streets is to provide view corridors to the ocean and bay. Because the proposed monopole is located on the western side of Irvine Avenue, staff believes that it does not impact any views towards the ocean or bay; however, the visual effects of the monopole should be minimized. Conformance with Chapter 15.70 (Wireless Telecommunication Facilities) Chapter 15.70 is available online at the following link: http:// www. codepublishinq. com /CA/NewportBeach / ?NewportBeach 15 /NewportBeach 1570. html Chapter 15.70 of the Municipal Code includes technology, location, height, and design requirements for Telecom facilities. The stated purpose of Chapter 15.70 is: "The purpose of this chapter is to provide for wireless telecommunication ( "telecom ") facilities on public and private property consistent with federal law while ensuring public safety, reducing the visual effects of telecom equipment on public streetscapes, protecting scenic, ocean and coastal views, and otherwise mitigating the impacts of such facilities. More specifically, the regulations contained herein are intended to: 1. Encourage the location of antennas in non - residential areas. 2. Strongly encourage co- location at new and existing antenna sites. 3. Encourage telecom facilities to be located in areas where adverse impacts on the community and on public views are minimized." Location and Height Most often Telecom facilities in the City are located on existing buildings attached to the walls or behind parapets. Others are located on Southern California Edison utility poles, light standards, and other existing structures. The proposed project is the first false tree application to be reviewed by the City Council. Section 15.70.050.13 (Location) provides eight location categories in priority order that are listed below. A new false tree is prioritized fifth out of the eight categories. The following location categories "e" through "h" are referred for review by City Council under the provisions of Section 15.70.070: ,,a. Wall, roof or existing co- location structure or site; b. Existing pole, light standard, or utility tower; c. Commercial sign or architectural feature; d. New or existing "stealth" structure other than a false tree; e. New false tree; f. New "Slim Jim" monopole (i.e. with no antenna elements other than the pole itself); 152 Mobilitie Telecommunications Permit (PA2010 -073) February 12, 2013 Page 5 g. New standard monopole with attached antenna elements; h. New lattice tower." Section 15.70.050.6.2 specifies that review by City Council is required for installation of the Telecom antennas located on a new false tree or above the maximum permitted height limit due to the potential for greater- than -usual visual or other impacts on nearby property owners, residents, and businesses. Municipal Code Section 15.70.050 (Height and Location) specifies that the City Council may approve antennas up to 15 feet above the maximum height limit. The subject property is located within the City's 32/37 height limit area as specified in Section 20.30.060.C.2 (Height Limit Areas). The maximum height limit for antennas is 50 feet in this height limit area; therefore, the proposed monopole at 62 feet high exceeds this height limit and falls into the category requiring City Council approval. Pursuant to Section 15.70.050.6.2, the applicant seeking approval for the false tree over 50 feet in height must show to the satisfaction of the City Council 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." a. Higher priority locations are either not available or are not feasible The applicant determined that higher priority locations (location categories a -d above) are not feasible for this project. Pursuant to Section 15.70.030 (Definitions) "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account environmental, physical, legal and technological factors. As described in the applicant's project description and justification (Attachment A), the false tree monopole is necessary because the existing church building and cross are not high enough to meet the Verizon Wireless coverage objectives. The applicant considered alternative designs including a replacement cross structure and a new church tower. The applicant contends that a replacement cross at a height that meets the coverage objectives is not feasible within the limitations of the existing building design, structural requirements, and height restrictions, and that a replacement cross structure up to 50 feet in height would be out of proportion with the existing church building. The applicant determined that a new, freestanding architectural structure would need to be in the same location as the proposed monopole, and at the required height it would not integrate well with the architecture and design of the existing church buildings. The Municipal Code prioritizes architectural elements over a new false tree, and staff believes that a clock tower, bell tower, or other architectural structure may be feasible. 15S Mobilitie Telecommunications Permit (PA2010 -073) February 12, 2013 Page 6 b. Establishment of a facility on a new standard monopole or lattice tower is necessary to provide service The applicant believes that a new false tree is the best option for the site and the monopole is necessary to facilitate future collocation and to meet the Verizon Wireless coverage objectives. The Verizon Wireless antennas would provide additional coverage for the PCS and cellular service, but the facility is especially necessary for the new 4G /LTE coverage. The proposed facility would improve outdoor coverage for Verizon Wireless and provide indoor cellular coverage that is currently marginal or nonexistent. The applicant purports that the existing carriers on site that intend to collocate on the proposed monopole require their antennas to be mounted higher than they are now on the existing church building in order to meet their current coverage objectives and improve customer service. However, staff is unable to validate this assertion because the other carriers have not applied for Telecom permits in conjunction with this application, and coverage maps and other information used to determine necessity have not been submitted for review. c. Lack of such a facility would result in a denial of service According to the coverage maps provided in the application, a gap in Verizon Wireless coverage exists; therefore, without any type of facility, there would be a denial of service for the Verizon Wireless network. The applicant submitted substantiation of the coverage gap and coverage maps (Attachment B) for Verizon Wireless demonstrating the change in coverage that would result in lowering the center mounted antenna height to 51 feet, 44 feet, and 37 feet, compared with the proposed 59 feet (62 feet at the top of the structure). The coverage maps do not show a drastic change in coverage at the different heights, but the applicant has indicated that is due to a limitation of the software used to generate the maps and has stated that a lack of coverage would exist with a lower monopole. The applicant's intent is to ensure in -house and in -car coverage can be provided to the surrounding area. Staff believes that the coverage maps do not clearly demonstrate the need for the Verizon Wireless antennas to be at a minimum of 62 feet in height and if the City were to approve a lower height that it will not result in a denial of service. Furthermore, as part of this application, there is insufficient information for staff to analyze the needs of future carriers that may choose to relocate to the monopole, so it is not possible to determine if there is a coverage need at this time. Collocation Requirements To limit the adverse visual effects of a proliferation of Telecom sites in the City, Section 15.70.050.0 (Co- Location Requirements) requires a new Telecom facility proposed within 1,000 feet of an existing facility to collocate on the same site as the existing facility unless the reviewing authority determines, based on evidence submitted by the Mir Mobilitie Telecommunications Permit (PA2010 -073) February 12, 2013 Page 7 applicant, that collocation is not feasible. Pursuant to Section 15.70.050.0.2, no more than three Telecom facilities may collocate at a single site unless the City Council finds that: ',a. The net visual effect of locating an additional facility at a collocation site will be less than establishing a new location; or b. Based on evidence submitted by the applicant, there is no available feasible alternate location for a proposed new facility." In this geographic area, due to Upper Newport Bay and residential uses in the area, not many alternate sites are available for Telecom facilities because the Municipal Code does not allow Telecom facilities in residential or open space zoning districts. The applicant identified four alternate locations and evaluated the potential of each location to meet code requirements and Verizon Wireless coverage objectives, and determined that there is no available feasible alternate location for the proposed facility. The four sites are the Monte Vista High School in the City of Costa Mesa, Upper Back Bay Nature Preserve, YMCA, and Bay Corporate Plaza. The applicant has stated that the alternate sites 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. The applicant finds this area difficult to service because of the limited sites available in the area to construct Telecom facilities. Staff does have concerns with the collocation aspects of the proposed project. The first concern is that the requested height is intended to accommodate future collocation opportunities on the monopole. The Municipal Code encourages collocation for up to three carriers on a single site; however as stated previously, the property already accommodates four carriers. The proposed project is intended to accommodate Verizon Wireless, as well as three additional carriers, for a potential total of eight carriers on the subject property. This may lead to an over concentration of collocated Telecom facilities on one site. The applicant received letters of intent to collocate on the monopole from three carriers: T- Mobile, AT &T, and Metro PCS. T- Mobile and AT &T are currently located on the church building. Since this application was submitted, T- Mobile received City approval to replace their existing antennas on and within the church building. AT &T currently has antennas on and within the church building, which is the first priority location of the location categories. Staff would recommend that the existing carriers remain on and within the building and /or cross, which are specified in the code as a higher priority location category. This will address staff's concern that this project may encourage relocation from current higher priority locations to lower priority locations. 55 Mobilitie Telecommunications Permit (PA2010 -073) February 12, 2013 Page 8 Design Standards Section 15.70.060 (Design Standards) requires proposed freestanding antennas to be visually compatible with surrounding buildings and vegetation. In reviewing this application, the City Council shall consider the blending, screening, and size of the proposed facility. 1. Blending. The extent to which the proposed facility blends into the surrounding environment or is architecturally integrated into structure. 2. Screening. The extent to which the proposed facility is concealed, screened or camouflaged by existing or proposed new topography, vegetation, buildings or other structures. 3. Size. The total size of the proposed facility, particularly in relation to surrounding and supporting structures." A false eucalyptus design was chosen by the applicant because of the existing eucalyptus trees on site. The proposed 62 -foot height is comparable to other eucalyptus trees on site, which range from approximately 50 feet to 80 feet in height. As proposed, the bark would be painted to match the bark of the nearby eucalyptus trees. The branches and leaves are intended to screen the antennas from view. The proposed equipment would be located adjacent to the church building and existing equipment for other carriers, and would be screened from view with a block wall painted and textured to match the existing church wall. The design of the proposed monopole is intended to minimize its visibility to surrounding residents, as well as to pedestrians and vehicle traffic on Irvine Avenue and persons using Upper Newport Bay. While the applicant's Options One and Two reduce the monopole height from 62 feet to 57 feet and 56 feet, respectively, staff recommends that a comparative analysis be conducted with the monopole height at 50 feet. Should the City Council wish to see additional design alternatives, staff recommends that one or more of the following alternatives be considered further: a) Increase Cross Height: Reconstruct the existing cross from 34 feet to an approximate height of 50 feet, which would allow Verizon Wireless to collocate with the existing carriers of Sprint and Clearwire. This height may support one additional carrier. Staff notes that the existing leases between Sprint, Clearwire, and the church will likely require modification. b) Modify Church Building: There may be an opportunity to incorporate an architectural feature into the church building design that could house one or more carriers. This may include modification to the roof design to increase its height to 37 feet. c) Construct a Freestanding Architectural Structure: A complementary architectural structure, such as a clock or bell tower, that is detached from the S0 Mobilitie Telecommunications Permit (PA2010 -073) February 12, 2013 Page 9 church building may house one or multiple carriers. The approximate height would be 50 feet. Findings Section 15.70.070.F.3 provides that proposed Telecom facilities subject to review by the City Council may be approved if City Council makes the following findings: ,,a. The approval is necessary to allow the facility to function as intended and identified alternatives to the proposal are not feasible. b. The approved facility will not result in conditions which are materially detrimental to nearby property owners, residents, and businesses, or to public health and safety." The applicant states that the proposed project is necessary for Verizon Wireless to meet its coverage objectives. Further, the applicant claims that the additional height is also required for collocation because a minimum vertical separation is required between antennas and because the antennas need to be at a minimum height above the church building to reduce potential interference. As previously discussed, the applicant analyzed alternate sites and determined that those sites are not feasible because of overlapping coverage to the north and a gap in coverage to the south. The applicant also considered on site alternatives including a replacement cross and new architectural structure, and concluded that those options would be out of proportion with the existing church buildings. Alternatives Should the City Council wish to make the required findings that the project is in conformance with Chapter 15.70, staff requests that the application be continued to February 26, 2013, so that staff can prepare a draft resolution for approval of the project as directed. Should the City Council determine that the required findings cannot be made and the proposed project does not meet the purpose and intent of Chapter 15.70, staff requests that the City Council continue the application to February 26, 2013, and direct staff to prepare a draft resolution for denial of the project. ENVIRONMENTAL REVIEW Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15303 (Class 3 — New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Class 3 exempts the construction of limited 57 Mobilitie Telecommunications Permit (PA2010 -073) February 12, 2013 Page 10 numbers of new, small facilities or structures and installation of small new equipment and facilities in small structures. NOTICING Notice of this hearing was mailed to all property owners within 300 feet of the property, published in the Daily Pilot, and posted at the project site a minimum of 10 days in advance of this meeting consistent with the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Submitted by: Yk4ZnZr- �/. Kimberly Brand , AICP Director Attachments: A. Applicant's Project Description and Justification B. Coverage Gap and Coverage Maps C. Height Options D. Photo Simulations E. Project Plans ON City Council Attachment A Applicant's Project Description and Justification 59 R E L C O M Project Name: Galaxy Project Location: Harbor Christian Church RealCom Associates. LLC Authorized Agent for Mobilitie 2401 Irvine Avenue, Newport Beach, CA 9266o Local Jurisdiction: City of Newport Beach, CA PROJECT DESCRIPTION AND JUSTIFICATION PROJECT DESCRIPTION Applicant: Mobilitie is a developer and owner of towers, specializing in building towers to meet the specific needs of wireless telecommunications service providers. Mobilitie offers a Lease- to -Suitl model, which presents service providers /carriers the opportunity to have facilities built for them without the carrier having to expend up front capital costs associated with the traditional method of carrier construction and ownership. This results in Mobilitie retaining ownership and maintenance of the tower while carriers become tenants of Mobilitie. Location and Design: For the project at hand, Mobilitie is proposing a 62 -foot tall stealth tower designed as a Eucalyptus tree ( "mono- Eucalyptus ") and for collocation, to be located at 2401 Irvine Avenue (which property is owned by Harbor Christian Church). If approved by the City of Newport Beach (the "City "), Verizon Wireless will be the first and immediate tenant on this stealth tower, as they do not currently have a facility at or near this location. Other carriers have expressed interest in collocating on this mono - Eucalyptus in the future. At present, however, Verizon Wireless is the only carrier a part of this application. Verizon Wireless has named this site "Galaxy ", which will be referenced throughout the materials for this application. Zoning Designation and Siting Preference: The proposed site is located within the Private Institution (PI) zoning designation surrounded by developed residential parcels and open space land use designations. As shown on the Land Use Map (Figure 1) and Aerial Map (Figures 2 & 3) below, the area surrounding Irvine Avenue is zoned residential and consists of developed residential parcels of varying density. Additionally, the Upper Newport Bay is located adjacent to the proposed site and cannot be developed upon. The only viable option (see Alternative Sites below for more detailed analysis of alternate locations) for Mobilitie is to utilize the subject non - residential, developed church parcel, especially because a wireless telecommunication use is already established within a disguised cross structure owned and operated by another carrier. This complies with Chapter 15.70 of the City's Municipal Code in terms of its purpose and intent of encouraging the siting of wireless facilities in non - residential locations. Eguioment: Verizon Wireless plans to mount a total of twelve (12) panel antennas and one (1) directional antenna on the proposed mono - Eucalyptus. The associated equipment cabinets are to be Page 1 of 13 Project Description & Justification Statement 2.25.12 Mi located on the ground adjacent to the existing church building, the proposed tower and an existing wireless communications compound owned and operated by another carrier not connected to this proposed Mobilitie facility. Verizon Wireless' equipment cabinets will occupy a 13'x 17' -9" area to be enclosed by 6 -foot tall decorative CMU block walls. The walls will have a stucco finish to match the existing church building facade. Visibility: Mobilitie and Verizon Wireless carefully chose to situate the proposed facility in its entirety (tower and equipment cabinets) closer to Irvine Avenue in consideration of the residential areas to the west of Tustin Avenue and south of Santa Isabel Avenue. Further, the proposed facility will be located among a cluster of natural trees and tucked within the existing building envelope and landscaped area. The project site includes approximately Fifty -six (56) Eucalyptus trees scattered over the Church property, providing the basis for the mono - Eucalyptus design. The existing Eucalyptus trees are generally mature, ranging in heights from 45 feet to over 65 feet in height. The Church building will screen the equipment enclosure and the lower of portion of the mono - Eucalyptus from the south and west views, while existing Eucalyptus trees will provide a background for the mono - Eucalyptus from the north and east views. The mono - Eucalyptus design, in conjunction with its location, minimizes visual impact by blending into existing surroundings, as shown by the concurrently submitted photo simulations (attached) and Figure 6 Mobilitie Mono - Eucalyptus -_ Example Photograph. Height: Chapter 20.30 of the City's Municipal Code sets a height limit of 50 feet for non - residential structures, with Chapter 15.7o allowing another 15 feet in height (for a total of 65 feet) subject to City Council's review and approval. As such, the proposed 62 -foot tall mono - Eucalyptus is within the limits permitted by Code. The Applicant, Mobilitie, requires the tower to have an overall height of 62 feet in order for Verizon Wireless's panel antennas to have a center -line of 59 feet above ground level to achieve its coverage objectives, while also allowing adequate antenna heights and vertical separation for the installation of three (3) future wireless carriers. Currently, Mobilitie has commitments and /or letters of interest /intent from T- Mobile, AT &T Wireless and Metro PCS, in addition to the commitment from Verizon Wireless. Having a 62 -foot tall tower is also necessary for collocation, as the proposed mono - Eucalyptus is designed to support three future carriers, for a total of four including Verizon Wireless. The antennas of lowest future carrier must be a minimum of seven (7) feet above the Church building, 30 feet in height, in order for radio signals to not be blocked by the building; while the seven (7) feet separation between the four (4) antenna arrays is the minimum necessary to avoid signal interference between the wireless carriers. Coverage Objective: The location of wireless telecommunications facilities are based on technical requirements including service area, geographical elevations, alignment with neighboring sites and customer demand components. In this case, existing coverage for Verizon Wireless around Irvine Avenue and Santa Isabel Avenue is generally weak (See Figure 4, Galaxy "Before" Coverage Map), creating a significant gap in coverage, especially for the new 4G /LTE services. Street level coverage is marginal and hence indoor coverage is poor due to building and clutter losses. Depending on specific location, some Verizon customers will not be able to make calls when they are indoors. Verizon's objective is to provide excellent coverage, both indoors and outdoors in order to give their customers a better experience and also to provide adequate coverage in case of an emergency. Verizon Wireless, therefore, must improve service for its subscribers in this area who rely on mobile communication (including, but not limited to, access to emergency services). Verizon Wireless is also interested in providing coverage for large accounts that may require service in the area such as Southern California Edison, Newport Beach Police and Orange County Fire Authority. The subject Page 2 of 13 Project Description & Justification Statement 2.25.12 01 church property is the one and only non - residential location that can meet the coverage objective described above, especially taking into consideration the relatively flat topography of the area with slight meandering curvature along the perimeter of Irvine Avenue and the Upper Newport Bay area. Alternative Sites: The search area, as defined by Verizon Wireless Radio Frequency engineering studies, had limited alternate candidates which could meet the City's locational criteria due to the predominately residential land uses in and surrounding the search area. The following alternate candidates were identified as the only other non - residential properties nearby, and evaluated as potential wireless telecommunication facility locations: A - Back Bay & Monte Vista High School, 3go Monte Vista Drive, Costa Mesa, CA 82627: This alternate candidate is located at the corner of Monte Vista Drive and Irvine Avenue, approximately one - quarter (%) mile north of the proposed Galaxy site location. Located in the City of Costa Mesa, this property is zoned IR -S (Institutional & Recreational — School) and surrounded by Residential zoning properties. This candidate could be considered a viable site from RF and construction requirements. However, any wireless facility location on the school property would potentially interfere with the schools operation and would be highly visible from on -site classrooms and surrounding residential dwelling, as there are very few existing mature trees to serve as screening. None of the existing structures were high enough to provide the necessary antenna rad center heights needed to cover the identified coverage gap. Therefore, the site was not considered the most appropriate location from the zoning and design standpoint. B - Upper Back Bay Nature Preserve, 2301 University Drive, Newport Beach. CA g266o: This alternate candidate is located on University Drive, approximately 0.4 mile north of the proposed Galaxy site location. This property is zoned PC 44 (Upper Newport Bay Regional Park), and designated as Open Space in the General Plan and Coastal Plan. This candidate was not considered feasible by Verizon Radio Frequency Engineering as it was too far north to adequately cover the identified gap to the south, and that this alternate location would overlap with a proposed (un- built) Verizon wireless facility to be located in the Santa Ana Heights neighborhood. Thus, this alternate candidate was rejected. C - Newport-Mesa Family YMCA, 2300 University Drive, Newport Beach. CA g266o: This alternate candidate is located on University Drive, approximately 0.5 mile north of the proposed Galaxy site location. This property is zoned PF (Public Facility). This candidate was not considered feasible by Verizon Radio Frequency Engineering as it was too far north to adequately cover the identified gap to the south, and that this alternate location would overlap with a proposed (un- built) Verizon wireless facility to be located in the Santa Ana Heights neighborhood. Thus, this alternate candidate was rejected. D - Bay Corporate Plaza, 228o University Drive, Newport Beach. CA g266o: This alternate candidate is located on University Drive, approximately 0.5 mile north of the proposed Galaxy site location. This property is zoned OG (Office General). This candidate was not considered feasible by Verizon Radio Frequency Engineering as it was too far north to adequately cover the identified gap to the south, and that this alternate location would overlap with a proposed (un- built) Verizon wireless facility to be located in the Santa Ana Heights neighborhood. Thus, this alternate candidate was rejected. Alternative Facility Designs: The height of the existing cross structure and the church roof -top do not meet the height requirements of Verizon Wireless coverage objectives (minimum 45 -feet Page 3 of 13 Project Description & Justification Statement 2.25.12 02 antenna height); therefore, the height of any replacement facility would need to be substantially expanded to meet any collocation objectives of the Applicant. Alternative architectural designs considered for the Harbor Christian Church site included the expansion of the existing cross structure and the addition of a new architectural tower. Replacement Cross Structure: A replacement cross structure meeting the same collocation and the coverage objectives of the wireless carriers would need to have a minimum height of eighty (8o') feet, which would exceed the maximum allowable City height of 65 feet. This projected height is based on an expanded cross design and similar antenna separation criteria to that used for the mono - Eucalyptus. Additionally, the crossbar would have a width of approximately 35 feet, to maintain the same proportions of the existing cross structure. This design alternative is considered to be not viable due not meeting City of Newport Beach height standards for wireless telecommunication facilities and the height limit for the Public Institution zoning district. Additionally, the a cross of this height and width was thought to be significantly out of proportion with the church building, and to have very poor architectural aesthetics. New Church Tower: An architectural tower to accommodate 4 wireless carriers built on the church rooftop, or immediately adjacent to the church building, would have the same approximate height of the proposed mono - Eucalyptus, and thus meet the City height criteria. However, the church rooftop was not designed or built to structurally support such a tower, thus this alternative would not be a viable option. An architectural tower built adjacent to the church would need to be in the same location as the proposed mono - Eucalyptus, this being the only available ground space. However, it was determined that a tower built here would not appear integrated with the architecture of the church building, and the tower mass could potentially interfere with the carrier antennas located in the existing cross structure. The tower design alternative is considered to be not viable due to poor aesthetics in relation to the existing church building and structures and structural constraints. Conclusion: The proposed site meets the locational coverage objectives of Verizon Wireless radio frequency engineers, meets the Newport Beach Development Code locational preference, and provides the most up -to -date design minimizing visual impact on public views of the surrounding community. The approval of the proposed site is necessary to allow the facility to function as intended for the following reasons: • The proposed site is the only viable location consistent with the Newport Beach Municipal Code Chapter 15.70 locational preferences. The proposed location is the only non - residential parcel suitable for the development of a collocateable wireless communication facility. Identified Alternative Sites to the proposed Church property location are not feasible. Alternative design options include the existing cross structure which contains wireless antennas within the structure, and the church rooftop. These alternatives are not viable due to height and structural constraints. The existing height of the cross facility and the church roof -top does not meet the height requirements of Verizon Wireless coverage objectives. Additionally, the cross structure does not contain enough structural space to house an additional carrier within the facility. Page 4 of 13 Project Description & Justification Statement 2.25.12 (03 The approved facility will not result in conditions that are detrimental to nearby property owners, residents and businesses, nor to public health or safety. The proposed facility is designed in compliance with the Newport Beach Municipal Code regulations and will operate within approved FCC standards. The proposed mono - Eucalyptus facility is designed to minimize visual impact to the surrounding community by blending into the existing environment among natural trees. Not only will the proposed facility not result in any adverse impacts to the community, it will help the community by providing wireless services especially important in case of emergencies. The above demonstrates that the approval of the proposed site is necessary to allow the facility to function as intended will not result in conditions which are materially detrimental to nearby property owners, residents and businesses, nor the public health or safety. JUSTIFICATION STATEMENT As outlined in the Newport Beach Municipal Code Chapter 15.70 the purpose and intent of establishing wireless telecommunication facility regulations is to: • Encourage the location of antennas in non - residential areas. Strongly encourage collocation at new and existing antenna sites. Encourage telecom facilities to be located in areas where adverse impacts on the community and on public views are minimized. To ensure compatibility with the above mentioned objectives the proposed site, Harbor Christian Church, provides the best locational opportunity for the establishment of a wireless communication facility. The proposed facility is located on the only feasible non - residential zoned parcel in the vicinity requiring coverage, the facility is specifically designed collocation, and the faux Eucalyptus tree is designed to minimize visual impacts and blend into the surrounding environment. As depicted in Figure 1, Newport Beach Land Use Map, the proposed site is the only non - residential zoned parcel within the area which is compatible with the purpose and intent of Chapter 15.70. The proposed site meets the locational coverage objectives of Verizon Wireless radio frequency engineers, meets the Newport Beach Development Code locational preference, and provides the most up to date design minimizing visual impacts on public views of the surrounding community. The proposed site is designed in compliance with Newport Beach Municipal Code Chapter 15.7o and Chapter 20.30 and does not pose any adverse impacts on the surrounding community. Compliance with Municipal Code 15.70.050.6.2: Chapter 15.70.050.6.2 Special Requirements specifies that the applicant shall be required to show to the satisfaction of the Council that: a. Higher priority locations are either not available or are not feasible. Analysis — The Code specifies priority locations in the following order: Page 5 of 13 • Wall, roof or existing co- location structure or site; • Existing pole, light standard, or utility tower; • Commercial sign or architectural feature; Project Description & Justification Statement 2.25.12 104i • New or existing "stealth" structure other than a false tree; Priority locations included exploring the feasibility of the existing cross structure which contains wireless antennas within the structure and the church rooftop. These alternatives are not viable due to height and structural constraints. The existing height of the cross facility and the church roof -top did not meet the height requirements of Verizon Wireless coverage objectives. Additionally, the cross structure did not contain enough structural space to house an additional carrier within the existing facility. The proposed site provided the most compatible location to accommodate the mono - Eucalyptus design which was the best alternative that provided the required height to meet Verizon Wireless' coverage objectives. Additionally, the mono - Eucalyptus design provides an opportunity for collocation of additional carriers, provides the most visual screening, and blends into the cluster of existing trees which minimizes visual impacts to the traveling public and surrounding community. b. Establishment of a facility on a new standard monopole or lattice tower is necessary to provide service. Analysis -As stated in section a, the establishment of a facility of a new stealth monopole is necessary to provide service in the area because the proposed site and design was the only alternative that met the height requirements for Verizon Wireless coverage objectives, the proposed design allows collocation opportunities, and the proposed design provides the best visual screening of associated antennas and equipment. As previously stated the location of wireless telecommunications facilities are based on technical requirements which include service area, geographical elevations, radio frequency height requirements, alignment with neighboring sites and customer demand components. Establishment of a new mono - Eucalyptus is required to meet the structural and height requirements to provide service to the coverage area. Because the existing cross facility and existing church facility pose structural and height constraints the best feasible option is the installation of a mono - Eucalyptus which provides the necessary height to meet Verizon Wireless coverage objectives and the design provides collocation opportunities for future carriers. c. Lack of such a facility would result in a denial of service. Analysis - This proposed site is a Verizon Wireless "coverage" site designed to enhance services in the area of the proposed project. The lack of this facility would result in a gap in the Verizon Wireless' network coverage of the area. As shown on the coverage maps, the proposed facility in combination with the existing "neighboring" facilities will provide continuous network coverage to the entire community surrounding Upper Newport Bay and the residential communities adjacent to the 55 and 73 Freeways. As demonstrated in Figure 4, Galaxy "Before" Coverage Map, and Figure 5, Galaxy "After" Coverage, the proposed facility will enhance services to the residential communities along Irvine Avenue and the traveling public along Irvine Avenue and the Upper Newport Bay area. Lack of the facility would result in denial of service to the traveling public along Irvine Avenue and the residential community surrounding Irvine Avenue, Santiago Drive, and Santa Isabel Avenue. Page 6 of 13 Project Description & Justification Statement 2.25.12 05 Compliance with Municipal Code Chapter 15.070.F: Chapter 15.07o.F specifies that applications subject to special review may be approved by the City Council if it makes the following findings: a. The approval is necessary to allow the facility to function as intended and identified alternatives to the proposal are not feasible. Analysis -As previously stated, the establishment of a new stealth monopole is necessary to provide service in the area because the proposed site and design is the only alternative that meets the height requirements of Verizon Wireless coverage objectives, the proposed design allows collocation opportunities, and the proposed design provides the best visual screening of associated antennas and equipment. The location of wireless telecommunications facilities are based on technical requirements which include service area, geographical elevations, radio frequency height requirements, alignment with neighboring sites and customer demand components. Establishment of a new mono - Eucalyptus is required to meet the structural and height requirements to provide service to the coverage area. Priority locations included the Alternative Sites previously identified and exploring the existing cross structure which contains wireless antennas within the structure and the church rooftop. These Alternative Sites were not viable options due to site locations restrictions or Radio Frequency inadequacies, while the Church roof top and cross were not viable options due to height and structural constraints. The existing height of the cross facility and the church rooftop do not meet the height requirements of Verizon Wireless' coverage objectives. Additionally, the cross structure did not contain enough structural space to house an additional carrier within the existing facility. The proposed site provided the most compatible location to accommodate the mono - Eucalyptus design which was the best alternative that provided the required height to meet Verizon Wireless coverage objectives. Additionally, the mono - Eucalyptus design provides an opportunity for collocation of additional carriers, provides the most visual screening, and blends into the cluster of existing trees which minimizes visual impacts to the traveling public and surrounding community. Page 7 of 13 Project Description & Justification Statement 2.25.12 b. The approved facility will not result in conditions which are materially detrimental to nearby property owners, residents, and businesses, or the public health and safety. Analysis - The structure of the General Plan is developed to guide growth and protect the health, safety, and general welfare of its residents. By designing the proposed facility in compliance with the General Plan and Newport Beach Development Code the proposed project will not compromise the health, safety and general welfare of the City of Newport Beach residents. The facility will not generate any traffic, will not emit significant amounts of pollutants, and will not pose any significant visual impacts on the surrounding community. Mobilitie and Verizon Wireless are regulated by the Federal Communications Commission (FCC) and are authorized to operate. Verizon's telecommunications facilities operate at the lowest possible power levels and are well below established standards used by the FCC for safe human exposure to radio frequency electromagnetic fields. These standards have been tested and proven safe by the American National Standards Institute (ANSI) and the Institute of Electrical and Electronics Engineers (IEEE). The proposed facility will operate under the purview of FCC and the 1996 Telecommunications Act. Please reference the attached FCCguide on radio frequency information related to health. The proposed communications facility will operate in full compliance with the FCC adopted standards for radio frequency emissions as published by ANSI. Page 8 of 13 Project Description & Justification Statement 2.25.12 07 A Proposed Site D B UPPER NEWPORT L. Figure i Newport Beach Land Use Map - The proposed site is the one and only non- residential parcel suited for wireless development consistent with Municipal Code Chapter 15.70, which encourages the location of antennas in non - residential areas, encourages collocation opportunities, and located in an area able to minimize visual impact on community and public views. The proposed site and the Alternative Sites (A -D) identified are shown on the above map. Page 9 of 13 Project Description & Justification Statement 2.25.12 02 Figure z Aerial Map of Proposed Site — As depicted in this aerial map, the proposed site is surrounded by developed residential parcels and undevelopable open space designation of Upper Newport Bay. Figure 3 Zoomed Aerial Map of Proposed Site • As depicted above, the proposed facility will be located adjacent to Irvine Avenue and tucked within the existing building envelope and natural trees within a landscaped area. Page 10 of 13 Project Description & Justification Statement 2.25.12 09 Figure 4. Galaxy "Before" Coverage Map — As demonstrated by the above map the surrounding area encompassing the proposed site, indicated by the yellow and red areas, lack adequate signal coverage. Without the proposed site, the area adjacent to Irvine Avenue, Upper Newport Bay and the surrounding residential neighborhood would lack coverage. Page 11 of 13 Project Description & Justification Statement 2.25.12 70 Figure 5. Galaxy "After" Coverage Map — As indicated by the green area on the above map the proposed site will provide coverage to the residential community along Irvine Avenue and the Upper Newport Bay, as well as, the traveling public along Irvine Avenue. The proposed site, in combination with existing /neighboring Verizon Wireless sites, will enhance service to the entire community along 55 and 73 freeways and the residential community surrounding the Upper Newport Bay area. Page 12 of 13 Project Description & Justification Statement 2.25.12 71 Figure 6 - Mobilitie Mono - Eucalyptus - Example Photograph Page 13 of 13 Project Description & Justification Statement 2.25.12 72 City Council Attachment B Coverage Gap and Coverage Maps 73 EXHIBIT 4.12 4.12 Description of Significant Gap a). The location of wireless telecommunications facilities are based on technical requirements including service area, geographical elevations, alignment with neighboring sites and customer demand components. In this case, existing coverage for Verizon Wireless in the area around Irvine Avenue and Santa Isabel Avenue is generally weak creating a significant gap in coverage, especially for the new 4G /LTE services. The geographic area of the coverage gap is generally bounded by Del Mar Avenue to the north, by the Upper Newport Bay to the east, by 21'` Street to the south and by Orange Avenue to the west. b). An street -level map of the Verizon Wireless coverage area is attached, Exhibit 4.12(b). c). The above geographic area is approximately 1.5 square miles in size. d). A'significant gap" in radio signal coverage is thought to exist when street level coverage is marginal and hence indoor coverage is poor due to building and clutter losses. Depending on specific location, some Verizon customers will not be able to make calls when they are indoors. e). Verizon's objective is to provide excellent coverage, both indoors and outdoors in order to give their customers a better experience and also to provide adequate coverage in case of an emergency. Verizon Wireless, therefore, seeks to improve service for its subscribers in this area who rely on mobile communication (including, but not limited to, access to emergency services). Verizon documents areas having high subscriber complaints for dropped calls and slow speeds, or weak radio signals measured by radio frequency testing. f). It is unknown as to what criteria is used by other wireless carriers in Newport Beach to precisely measure a "significant gap ". However, each carrier does use the above general concerns. g). The definition of "significant gap" used in subsection 4.12(d) above, is generally to same definition used by this carrier for other projects in the City of Newport Beach. h.1). The coverage area affects Irvine Avenue, a major commuter roadway. Currently, commuters may experience dropped calls or lack of service due to poor coverage and capacity, especially for newer 4G & LTE services, while traveling between the John Wayne Airport business area to residential and commercial areas to the south. h.z). The coverage area consists primarily of residential neighborhoods, with the Upper Newport Bay recreational and open space area to the east. Irvine Avenue provides a major commuter roadway through the proposed coverage area. h.3). The proposed Galaxy cell site will improve weak signals, especially for older generation phones, and will provide new coverage for the newer generation services such as 4G and LTE. Radio Frequency Propagation Maps — Exhibits 6.03 (Before) and 6.05 (After) demonstrate lack of coverage and projected facility coverage. h.4). Irvine Avenue is a well traveled commuter road which lacks adequate signal coverage, including, but not limited to roaming capabilities. h.5). No "test drive" information is available. h.6) No commercial district lays within the proposed Galaxy coverage area. h.7). Street level coverage is marginal and hence indoor coverage is poor due to building and 74 clutter losses. Depending on specific location, some Verizon customers will not be able to make calls when they are indoors, including, but not limited to, access to emergency services. Thus a risk to public safety is posed. Verizon Wireless also desires to provide coverage for large accounts that may require service in the area such as Southern California Edison, Newport Beach Police and Orange County Fire Authority. 1). Refer to Radio Frequency Propagation Maps — Exhibits 6.03 (Before) and 6.05 (After) to demonstrate the current lack of signal coverage and projected facility coverage. 4.12 )b) • Approximate geographic boundary of significant gap in Verizon Wireless radio signal coverage 715 1 LecCm w.. Secron; Ec Plot — Galaxy ON Air @ 37ft U MESA VERDE PC� I 1L NCI O odwol_mw a mw_hgnNay ■ s ndatyhghl y LAMA Ec M010, Can es F1 CM, RSSI 1tl6nn e — 75 i 85 • - ._ .95 � rf I�a"�L• a _ Sra� 121359 ■ ■ • ": verimnWilBIBS WPORT BAY TEMP GeoPlan v6.0 , PORT BAY TEMP PCS • RGROUNDS ordmgmad MAI rk ' ■ -$�� . �.�,. i►t�*� ;� ♦.�� r".r ► P"i1 WA N ISLAND . 7% ..m L MAROC ff 4k�% 41�% RTER WBOREE PC JAMBOREE DUPON- DUPC u'% t1i \. gr Z� ■ A f � PmureLV yanE CUnFAema� ��� �=�4�Y,• • • NPWPC)RT C:TR PI'S 70 1 Lee Cm Na.. Sernrs mw ANCIA P W` F 1 l'M. RSSIIUBn9 - ■ 95 Sra 121358 - veriz Dwireiess i. i r S. • PORT BAY TEMP m' GeoPlan v6.0 ORT BAY TEMP PCS • PmureLV YanE CUnFAemai f 1� =_y��_,� Ec Plot — Galaxy ON Air @ 44ft A VEHL VERDE WORT FWY • AIR PO RT • AIRPORTER DEL MAROC PCS AIRGROUNDS DEL MAROC 2GROUNDS PCS `�' yJAMBOREE PCS JAMBOREE EACKBAV PCS A BACKBAV % NN GALAXY f AA r =�, ; -_•... BISON PCS �• .•— w c BIG ;VN� BIG CYN PC31 ASHION ISLA NEWPORT C FWPORT CTR 7:7 1 Lee Cm Nome Secron; IAN ANCIA P I!` m NI•CIOI_IOw ■s nCaryfvgh v LAMA Ec M W ape Can as MA F1 C.k, RSSIItlBm1 13,_.75 �" -',:/ ❑ x_85 •s 01— 95 — ni Sra 121359 a ■ '� a ■ Nlel7jQllwllelBSS f F� h PORT BAV TE GeOPlan v6.0 OPT BAY TEMP PCs Ec Plot — Galaxy ON Air @ 51ft A VEHL VERDE WORT FWV ASHION ISLA DEL I•:1.LRnC PCs g DEL MAROC PCs 1w URPORT PORTER 'JAMBOREE ALAxY ' f �ti ' r 4 BISL "a.. r BIG CYN BIG CYN PCs WORT C 'GIRT CTR AV PCs KBAV % . ` f pe +� J _ i^ `n 7 � City Council Attachment C Height Options 79 62' Top of Branch 61' Top of Antenna 59' 57' Bottom of Antenna 2' m/w 56' Top of Dish 54' Bottom of Dish 53' Top of Antenna 51' 49' Bottom of Antenna 3' separation 46' Top of Antenna 44' 42' Bottom of Antenna 3' separation 39' Top of Antenna 37' — _ j CURRENT Galaxy 2401 Irivne Ave., Newport Beach, CA 92660 _ 57' Top of Branch 56' Top of Antenna 54' 52' Bottom of Antenna 2' m/w a49' Top of Dish Bottom of Dish 3' separation 46' Top of Antenna 44' 42' Bottom of Antenna 3' separation 39' Top of Antenna 37' — _ T OPTION ONE 56' Top of Branch 55' Top of Antenna 53' 51' Bottom of Antenna 2' m/w a48' Top of Dish Bottom of Dish 46' Top of Antenna 44' 42' Bottom of Antenna 3' separation 39' Top of Antenna 37' OPTION TWO Mobilitie 01/29/13 M City Council Attachment D Photo Simulations 21 mobilitie GALAXY 2401 IRVINE AVENUE NEWPORT BEACH CA 92660 ARTISTIC engineering ng AEsims.com 8729AE.slms mobilitie GALAXY 2401 IRVINE AVENUE NEWPORT BEACH CA 92660 ARTISTIC engineering ng AEsims.com 8779AE.slms m mobilitie GALAXY 2401 IRVINE AVENUE NEWPORT BEACH CA 92660 j ARTISTIC Jengins gineering AEsims.com 8779AE.slms m mobilitie GALAXY 2401 IRVINE AVENUE NEWPORT BEACH CA 92660 ARTISTIC engineering ng AEsims.com 8779AE.slms m mobilitie GALAXY 2401 IRVINE AVENUE NEWPORT BEACH CA 92660 ARTISTIC engineering ng AEsims.com 8729AE.slms Ma City Council Attachment E Project Plans 2: ... ....8 +'u° /IsTE 5 US, €� IORiH VICINITY MAP n9I OUT MOM MDBUTi_ OGEES IN NEVBOART BEACH. 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RAE A IE6 BRA BGMUTn lao) \ iq V (EI 'HUXIUnE' an SOEI, wE mu n OR WiCoN OI f. \ 'RIEE i6x C=Et EIGHT EEOBLW�II (-) "ELI FOR �roav MITE ewxr ) Cw (N""(A) — AN1ICNW smloR. Ua) ImAE I I I M \ -0) NGTER YEIER. TO E REL OF - ✓ ✓i'WfF (E) 15 IT IREE $/ �W 40 4R 1 \ I I (P) CATION _IEA (E) SRN. RCIE —:; C 4 (E),EH THE nxE cEUfEUFNE«I RE�iRLCOM % vdMw)R2Gd wEB: mPRwEn AP R+ Nmus ossR GALAXY uwsa2n0, IRVINE ANc'. NEw)OHI fI FACH. CA 92660 OR CHIEF III,Ery ENLARGED SITE PLAN 0.tAwx 8f 4vIEEHEO .,A,VE CAIE vsx o mwlz 5HEE1 HUMBER A -2 92 J NOPROPOSEO MGNOExC0EYi1x5 nwu+raES NoI nlrnlx mR aARirc, 2 NNRE GNRIERS u0I (E) IPNPSGPN APFn � SHOwN I@2 CIN41V. 4 (E),EH THE nxE cEUfEUFNE«I RE�iRLCOM % vdMw)R2Gd wEB: mPRwEn AP R+ Nmus ossR GALAXY uwsa2n0, IRVINE ANc'. NEw)OHI fI FACH. CA 92660 OR CHIEF III,Ery ENLARGED SITE PLAN 0.tAwx 8f 4vIEEHEO .,A,VE CAIE vsx o mwlz 5HEE1 HUMBER A -2 92 J MAR - 111 LEVELUENErvI R E A L C 0 M RICO �4432 NE EAS HE III ¢LE(425) 2 TEL fi 4RA FAX FOCUS 4 wEB: vM mPawAn a+ 11PICANO us ossR ERIC INFORCIATINTO RANC GALAXY L¢III' IRnrve AVE. NEwPORI REACH U EA.A .ANNCE COUNTO CHIEF VILE ELEVATIONS ViAwx Bf 4vIEEREV Sy KNUE WE NSx vo �-A SHUT NUMVER A -3 93 (P) vmrzON Wliuusr ONTO ER� O Al I SCULL . O \ -. O' DREW( R ezwcecCNIUeA aurzrvw c(rvTw Is N)FRZ o: ^� - -1 IDEA oaeoaNlIES PUOVxpIC PPRO OIION N NAZI MCC LESS f NPUEErvIEN _ AS a PAR OF Ix6 appLIEAION, DID IIIIEH U 1 1 PER) -� REV-11 0' IS I - -� CAREIIII MIILEII I -III C Gw<VE arv_CS �\ 1.. i.U.o. V - UTURE ANLENNA RWENTER SEE rvmE 4 II) ALISON 11.1 IURTRE ANNOUNA CARPENTER (SEE NOTE a) (q NAAAR CHRISTIAN —. wqC -F`M1S2 E w sE-E .1 1) a i 1R110I DUhIO ND — _ - - - -- -y,y ' b`A 015AG LIIRNG P ([ RESIN CPOSs R (P) LOPE OE uLmalR,EO I eEE (FIND PU)M41) I PU..,) (VERYS CHEY n 1 ¢ f [ Pi -0 IN (P) "'ION REIESS WIWOR EO V GBNER (P)'MOBIL91E C-C H SUSAN YALE [NOT SURE Will AT CDC FlNISN TO 111111 Iewcx AN) CAUERH C¢I.arvc Mx ryC L01 LQ CURBPARxrvV SOUTH —EAST ELEVATION a. ()z ' 09 E EH L5 BRACCES ¢EV o cE l '"- INRA aurzrvw RAO C(rvT(R s . LL VNASO RAE 1111 'F. PVAUBIE NR I INRF GOLLIXP 0 FE mz ' ANT () 6 NAS PER oPPOrerunr(s Pxo xo. PreoPCSEo S P PAR 0( Ix6 APPLM I O — HENNAS ) NEPAL uv( nrvIrNN4 J E¢M ieO ... ' S E NC WIN RA 5pwavE FISH OEMI Ba11aN. J� NrORE AATF CRFC ER (SEE NOTE 2) - - - - -- PN" CENTER AND AZIM )TH LED) r EIN 11 o- Ili .----- - l Fi,.EVNNE A1 EnoaM Ex (SEE NOR 2) EAV .: -oIaU� � (d rxusw rnw J� Ev1URE aN1ErvW RnoesrvleR (seE rvmE z) - - - - _ :• Y flN 11 1 ACi------ HIRE. INS. LI ❑ cxuttH FURIONG LS ( IHIIIH BmmNB Ea. (q cxxscH cross mrv. :.' -o'z ACT .G fln II n. so' -FFY n I. u u (CA.RLE IRA. P(LOGiEO A[E 1 (Q CARVER BLOf ANC IIIII ?f . rry ICE., G AT Po¢ rzC O . °; .. .. Ee. o' -o RAN AV(NVA RAVE MNJF (E) CARE B N (E) RLf.O CaeINR (1) 11DSl w c (c s )� Wu.l ENELCSORE - IG. P W s (q ILllNSNRMER " MA91LUE 5 -O'(K BLOCN YAW IN'101IIRE . SNUCO BNIEP m CATCH (A) ruuaH aVETLwNG NORTH -EAST ELEVATION MAR - 111 LEVELUENErvI R E A L C 0 M RICO �4432 NE EAS HE III ¢LE(425) 2 TEL fi 4RA FAX FOCUS 4 wEB: vM mPawAn a+ 11PICANO us ossR ERIC INFORCIATINTO RANC GALAXY L¢III' IRnrve AVE. NEwPORI REACH U EA.A .ANNCE COUNTO CHIEF VILE ELEVATIONS ViAwx Bf 4vIEEREV Sy KNUE WE NSx vo �-A SHUT NUMVER A -3 93 94 City Council March 26, 2013 Attachment F Photo Simulations 95 m mobilitie GALAXY — NEWLY PLANTED 2401 IRVINE AVENUE NEWPORT BEACH CA 92660 ARTISTIC Jengineering ng AEsims.com 8729AE.slms 97 mobilitie GALAXY — NEWLY PLANTED 2401 IRVINE AVENUE NEWPORT BEACH CA 92660 ARTISTIC engineering ng AEsims.com 8779AE.sims V! mobilitie GALAXY - FIVE-YEAR MATURITY 2401 IRVINE AVENUE NEWPORT BEACH CA 92660 j ARTISTIC Jengins gineering AEsims.com 8729AE.slms mobilitie GALAXY - FIVE-YEAR MATURITY 2401 IRVINE AVENUE NEWPORT BEACH CA 92660 ARTISTIC engineering ng AEsims.com 872BAE.slms 100 mobilitie GALAXY — FULL MATURITY 2401 IRVINE AVENUE NEWPORT BEACH CA 92660 ARTISTIC Jengineering ng AEsims.com 8729AE.slms 101 mobilitie GALAXY — FULL MATURITY 2401 IRVINE AVENUE NEWPORT BEACH CA 92660 ARTISTIC Jengineering ng AEsims.com 8729AE.slms 102 City Council March 26, 2013 Attachment G Project Plans 103 1-04 All I'D Vl •Ia�lNU8i, ra L VICINITY MAP 1 1 telecommunications infrastructure Li I 2401 IRVINE AVE. NEWPORT BEACH, CA 92660 EJURISDILDERLY arc CF NOMERE REACH CURRENT i0NING GATE wMUITIM AP N'. 4J9-16 I E CCNVRUCIICN TYPE. 1-N E BUILDING OCCUPANCY. - IRE PROJECT COXI OF THE INSTALLATION AND OPEMTION OE A COMMUNICANONS SCUFF WESISELS OF ANTENNAS M'D ASSURATEO TRADE nMmRts HER WAELEOS COVMCNICATIGH 'REASON, A TOTAL OF (12) FEwzON ARELE55 PANEL ANTENNAS ALD (I) 'vMRXN 'A'IRELREM O' I .1111A BEEIINPAILEO CN AND LOCATION M A BUERGER 62 FAUX FAUX EUCALYPTUS TAP �rTM 0F1THE VERSON %HUNS, LC (LONG PERM iv"JUSE) ASEAN" PROJECT DESCRIPTION ALL WORK AND MATERIALS SENATE RE PERFORMED AND INSTALLED IN ACCOHLIWCE "Op", ",A, CODES AS ADOPTED OV IRE PASCAL ."AS CHRISM X GHURCR IS 10 BE CONSIRGEO 10 PERMIT 2401 A. NNAKI 6 -2 BEACH. 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