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HomeMy WebLinkAbout2010-88 - Telecom 3215 Marcus AvenueRESOLUTION NO. 2010 -88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING APPLICATION NO. TP2009- 008 FOR A WIRELESS TELECOM PERMIT LOCATED WITHIN THE PUBLIC RIGHT -OF -WAY (PROW) AT 3215 (CS) MARCUS AVENUE (PA2009 -123) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH TOOK THE FOLLOWING ACTION ON JULY 6, 2010, AND HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by NextG Networks of California, Inc. (NextG), with respect to property located at 3215 (CS) Marcus Avenue, legally described as the Public Right - of -Way at the NW corner of 32nd Street and Marcus Avenue requesting approval of a Wireless Telecom Permit as part of a Distributed Antenna System within the PROW. 2. The applicant proposes to attach an omni - directional antenna mounted at a height of 24 feet 7 inches on an existing 34 -foot tall SCE utility pole. 3. The subject property is located within the PROW and is not located within a Zoning District or General Plan Land Use Element designation. 4. The subject property is located within the coastal zone. 5. Pursuant to Municipal Code Sections 15.70.050 and 15.70.070.F.1.c, a Special Review by City Council was held on July 6, 2010, in the City Hall Council Chambers, 3300 Newport Boulevard, 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. Categorical Exception 15301 This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). Class 1 allows minor alteration of existing public or private structures where negligible or no expansion of an existing use is involved. The proposed project would be a minor alteration to an existing SCE utility pole. SECTION 3. REQUIRED FINDINGS. In accordance with Section 15.70.070.F.3 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: A -1. NextG selects locations based on the direction of their customers (in this case, MetroPCS). The DAS nodes are interspersed with existing traditional wireless macro cell sites to provide a system that meets the coverage objectives of the customer. Approving the installation of a DAS node would allow the facility to function as intended in this location. Alternatives to the proposal were not identified because existing utility poles are considered a priority location for the installation of telecom facilities per Section 15.70.050.13.1 of NBMC. 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: B -1. The installation of a DAS node in this location is consistent with the height, location and design standards specified in Sections 15.70.050 and 15.70.060 of the NBMC. The proposed antenna would be mounted at a height of 24 feet 7 inches, where the code permits installation on utility poles within the PROW up to 35 feet and above, provided that the antenna does not exceed the top of the pole. Per the code, the existing SCE utility pole is a priority location for the installation of the telecom facility. The proposed antenna and equipment box are minimal in size and would blend in with the existing SCE utility pole. B -2. Consistent with Section 13.20.030 policies which promote undergrounding of facilities whenever and wherever feasible, the fuse box and electrical disconnect switch would be placed in a 17 inch by 30 inch vault below grade adjacent to the existing utility pole in order to reduce visual impacts associated with the facility. Installation of the facility in the PROW would require the approval of an encroachment permit from the Public Works Department and would require compliance with the provisions of Chapter 13.20 of the NBMC. B -3. The proposed facility will not have an effect on public streetscapes, or scenic ocean and coastal views because the facility is proposed to be installed on an existing SCE utility pole located in the PROW, and in an area where there are no scenic ocean or coastal views. B -4. The proposed facility will comply with the applicable rules and regulations of the FCC. As conditioned, the approved DAS node in this location will not result in conditions that are materially detrimental to nearby property owners, residents, and businesses, nor to public health or safety. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The City Council of the City of Newport Beach hereby approves Telecom Permit Application No. TP2009 -008, subject to the conditions set forth in "Exhibit A ", which is attached hereto and incorporated by reference. ADOPTED THIS 27th JULY, 2010. MAYOR ATTEST: EXHIBIT "A" CONDITIONS OF APPROVAL Telecom Permit No. 2009 -008 Public right -of -way at the NW corner of 32nd Street and Marcus Avenue (3215 (CS) Marcus Avenue) (Project specific conditions are noted in italics) 1. The development shall be in substantial conformance with the approved plot plan, antenna and equipment plans, and elevations, 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) and the California Public Utilities Commission (CPUC). 4. Approval of the California Coastal Commission is required prior to issuance of an encroachment permit for construction of the facility. 5. Any future facilities proposed by other carriers to be located within 1,000 feet of 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 Planning Director. 6. The location in which this facility proposed is not currently in an approved Underground Assessment District. In the future, if or when an Underground Assessment District is approved in this location, the applicant shall be required to relocate the facility underground, pursuant to Section 13.20.030 of the Newport Beach Municipal Code (NBMC). 7. The telecom facility shall comply with all regulations and requirements of Chapter 13.20 of the NBMC. All work in the public right -of -way (PROM shall require an approved Encroachment Permit. All required permits shall be obtained prior to commencement of the construction. 8. The applicant shall locate the fuse box and electrical disconnect switch in a 17 inch by 30 inch connection handhole vault below grade adjacent to the existing SCE utility pole. Modified plans shall be prepared and submitted to the Planning Department and Public Works Department for review and approval, depicting the location of the fuse box and electrical disconnect switch in the below grade vault. 9. Prior to the issuance of any encroachment permit, architectural drawings and structural design plans shall be submitted to the City of Newport Beach for review and approval by the applicable departments. The construction plans shall satisfy NBMC Section 13.20 permit application for review and processing. A copy of this approval letter shall be incorporated into the drawings approved for the issuance of permits to construct the facility. 10. All work in the PROW will be subject to inspection by the Public Works Department prior to final of the construction permit(s). 11. The applicant shall assume 100 percent of all costs associated with any alterations to the existing improvements along Marcus Avenue for development of the telecom facility. 12. The applicant shall be responsible for the repair and /or replacement of any curb and gutters, concrete sidewalk, alley /street pavement that may be damaged through the course of construction, as directed by the Public Works Department. 13. Appropriate RF information warning signs or plates shall be posted at the access locations and each transmitting antenna. The location of the information warning signs or plates shall be depicted on the plans submitted for construction permits. 14. No advertising signage or identifying logos shall be displayed on the telecom facility except for small identification, address, RF warning and similar information plates. A the plans submitted for issuance of building permits. 15. Prior to the issuance of any permits to install the facility, the applicant shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff - Coroner Department to minimize, to the greatest extent possible, any interference with the public Safety 800 MHz Countywide Coordinated Communications System (CCCS). Similar review shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. The applicant shall provide the Planning The applicant recognizes that the frequencies used by the cellular facility located at 3215 (CS) Marcus 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). 16. 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. 17. Prior to activation of its facility, the applicant shall submit to a post - installation test to confirm that "advanced planning and frequency coordination" of the facility was successful in that operation of the facility does not interfer with the City's Public Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff - Coroner Department or a Division - approved contractor at the expense of the applicant. This post - installation testing process shall be repeated for every proposed frequency addition and /or change to confirm the intent of the "frequency planning" process has been met. 18. Prior to activation of the facility, the applicant shall submit a letter to the Planning Director prepared by the Orange County Sheriff - Coroner Department indicating that the OCSD has reviewed the results of the post - installation test and that the facility will not cause interference with the City's Public Safety radio equipment. 19. 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. 20. Prior to issuance of an encroachment permit, a deposit of $1,000 shall be paid to the City of Newport Beach. This deposit is required by the Planning Department 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. 21. 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 Department and Newport Beach Police Department's Support Services Commander prior to activation of the facility. 22. Should interference with the City's Public Safety radio equipment occur, use of the facility shall be suspended until the radio frequency is corrected and verification of the compliance is reported. 23. The applicant shall insure 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 users under the control of the applicant to comply. 24. 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 either the applicant, current property owner or leasing agent. 25. The telecom facility approved by the permit shall comply with any easements, covenants, conditions or restrictions on the underlying real property upon which the facility is located. 26. The telecom facility shall not be lighted except as deemed necessary by the Newport Beach Police Department for security lighting. The night lighting shall be at the lowest intensity necessary for that purpose and such lighting shall be shielded so that direct rays do not shine on nearby properties. Prior to the final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm compliance with this condition. 27. The operator of the telecom facility shall maintain the facility in a manner consistent with the original approval of the facility. 28. 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 Department 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 shall require the operator to apply for a modification of the original telecom permit and obtain the modified telecom permit prior to implementing any change. 29. 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. 30. Any operator who intends to abandon or discontinue use of a telecom facility must notify the Planning Director 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. 31. This approval shall expire unless exercised within 24 months from the date of approval. STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2010 -88 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 27th day of July, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Webb, Gardner, Mayor Curry Noes: None Absent: None Abstain: Daigle IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28th day of July, 2010. 44V� 0= City Clerk Newport Beach, California (Seal)