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HomeMy WebLinkAbout2014-76 - Approving Telecommunications Permit No. TP2013-010 for the Construction of Two Monopoles and a 450-Square-Foot Equipment Enclosure for a Telecommunications Facility Located at 1600 Newport Center Drive (PA2013-225)RESOLUTION NO. 2014 -76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING TELECOMMUNICATIONS PERMIT NO. TP2013 -010 FOR THE CONSTRUCTION OF TWO MONOPOLES AND A 450- SQUARE -FOOT EQUIPMENT ENCLOSURE FOR A TELECOMMUNICATIONS FACILITY LOCATED AT 1600 NEWPORT CENTER DRIVE (PA2013 -225) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Core Development Services on behalf of AT &T, with respect to property located at 1600 Newport Center Drive, legally described as Parcel 3 of Parcel Map No. 94 -102, filed in Book 316, requesting approval of a Telecommunications (Telecom) Permit pursuant to Chapter 15.70 of the Newport Beach Municipal Code. 2. The applicant proposes to construct two, 43- foot -tall "Slim Jim" monopoles (i.e., antennas located within pole) to accommodate six 6- foot -tall antennas for AT &T and six 6- foot -tall antennas for Verizon Wireless. The proposed telecom facility support equipment will be ground- mounted and screened behind a new 450 - square -foot enclosure. 3. The subject property is located within the General Commercial Office (CO -G) land use category of the General Plan and the Corporate Plaza West Planned Community (PC- 40) zoning district and designated for business, professional, and commercial land uses. 4. The subject property is located within the General Commercial Office (CO -G) land use category in the Local Coastal Program. 5. Corporate Plaza West Planned Community (PC -40) limits the maximum height of structures to 32 feet provided the structure extends no higher than the extension of the sight plane limit established by the Corporate Plaza West Planned Community District Regulations, commonly referred to as the "Civic Center Sight Plane Ordinance (Sight Plane) ". 6. The City Council may approve telecom antennas up to fifteen feet above the upper maximum height limit provided the required findings could be met. The 43- foot -tall monopoles would exceed the permitted height limit by 11 feet but are compliant with the Sight Plane height standard. 7. This application was noticed for the May 27, 2014, City Council meeting where it was continued to the June 24, 2014 meeting. Prior to the June 24, 2014 meeting, a second continuance request by the applicant was received to allow the applicant time to submit additional information and support material for staff's review and recommendation regarding a second telecommunication carrier, Verizon Wireless. This item appeared City Council Resolution No. 2014 -76 Page 2 of 11 on the agenda for both the June 24, 2014 and August 12, 2014 meeting, which was posted at City Hall and on the City website. The agenda item for the August 12, 2014, City Council meeting was noticed according to the Brown Act and Municipal Code. 8. Pursuant to Municipal Code Section 15.70.050.A.2, Special Review by City Council was held on August 12, 2014, 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 pursuant to the State California Environmental Quality Act (CEQA) Guidelines under Class 3 (New Construction or Conversion of Small Structures). Class 3 allows construction of new, small facilities or structures and installation of small new equipment and facilities in small structures. Examples of this exemption include up to four commercial buildings totaling 10,000 square feet and accessory structures. In this case, the proposed project involves the installation of two 43- foot -tall "Slim Jim" monopoles to encase six 6- foot -tall antennas for AT &T and six 6 -foot- tall antennas for Verizon Wireless. The proposed telecom facilities support equipment will be ground- mounted and screened behind a new 450 - square -foot enclosure that will be architecturally compatible and landscaped to partially screen the facility. 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 application includes documentation from both AT &T and Verizon Wireless indicating the need to provide and improve coverage to the residential and commercial areas bounded by Avocado Avenue, Bayside Drive, Ramona Drive, and along Coast Highway and Newport Center Drive. Moreover, the additional system capacity provided by the proposed facility will address service gaps that occur during high demand periods as well as service gaps that exist at all demand periods to the surrounding area. The proposed 43- foot -high monopole height given the location of the antennas essential for both carriers to meet their coverage objectives and improve cellular coverage to nearby areas that are currently marginal or non - existent. 2. Based upon the application, a gap in coverage exists and without the proposed facility, there would be a denial of service provided by AT &T and Verizon Wireless antennas for City Council Resolution No. 2014 -76 Paqe 3 of 11 the PCS and cellular service, and 4G /LTE coverage. The proposed facility will improve outdoor coverage for both AT &T and Verizon Wireless and provide improved indoor cellular coverage to nearby areas that are currently marginal or non - existent. 3. Based upon the application, the site is viable in balancing both AT &T's and Verizon Wireless' needs for radio frequency (RF) coverage and capacity while keeping a significant distance from single- family residential areas. 4. The area is difficult for AT &T and Verizon Wireless to service because of the limited opportunities in the area to construct telecom facilities. A significant amount of the target area is zoned for single- family residential where the Zoning Ordinance precludes telecom facilities. 5. Both AT &T's and Verizon Wireless' radio frequency engineers determined that additional system capacity is needed within the project's vicinity and that no co- location opportunities exist within 1,000 feet of the search area. 6. The initial proposal for this area was to install the panel antennas on building rooftops; however, the height of the roof mount antennas would have exceeded the maximum height allowed by the Sight Plane height limit. Installation of the antennas onto building fagades would yield antenna heights too low resulting in signals being blocked or insufficient signal propagation. 7. As an alternative, a new freestanding faux tree was proposed at three nearby locations as well as at the site. However, the proposals were rejected or abandoned due to lack of interest from the property owner Armstrong Nursery, lack of membership support from Newport Beach Country Club, or the inability to agree to specific terms with the City of Newport Beach. The property owner, Irvine Company, does not support a proposed faux tree design and directed the applicant to proceed with the "Slim Jim" monopole design. 8. Verizon Wireless considered one additional alternative site, which included streetlights within the public right -of -way. However, the streetlights were determined to be too low and would require substantial structural work or pole replacement for the antenna installation to meet system requirements. 9. Consideration by AT &T was given to an installation in commercial buildings southeast of the subject property and at the two existing Fashion Island /Newport Center entry signs located on Newport Center Drive north of East Coast Highway. it was concluded, the commercial buildings were outside the RF engineers search ring, and due to the orientation of the two entry sign structures, insufficient signal propagation would result and coverage needs would not be met. Finding: B. The approved facility will not result in conditions which are materially detrimental to nearby property owners, residents, and businesses, nor to public health or safety. City Council Resolution No. 2014 -76 Page 4 of 11 Facts in Support of Finding: 1. As proposed the two 43- foot -tall "Slim Jim" monopoles are compliant with the Sight Plane height limit established by the Corporate Plaza West Planned Community District Regulations. 2. The monopoles will support and conceal panel antennas for one telecom carrier within each of the structure's exterior steel walls. The monopoles will be painted bronze green to blend with the existing and proposed surrounding foliage. 3. The proposed monopoles are located approximately 278 feet north of East Coast Highway toward the rear portion of the site and are surrounded by several commercial buildings, accessory structures, tennis courts, and foliage. The monopoles will be briefly visible from East Coast Highway. However, due to the distance, location, color, and the existing and proposed foliage surrounding the site, the monopoles will not be visually prominent nor attract visual attention from passersby along East Coast Highway. 4. The support equipment would be ground- mounted adjacent to the monopoles behind eight- foot -high masonry walls. The 450 - square -foot equipment enclosure will be constructed with the same architectural materials and colors as existing buildings on -site. Additionally, the project includes the planting of twelve 36 -inch box trees and twenty -six 5- gallon shrubs around the proposed site to partially screen the facility and enhance the aesthetics. 5. Installing the monopoles at an alternative location could result in negative visual and aesthetic impacts on nearby property owners, residents, and business owners. Antenna installation on a building rooftop and /or mounting to the fagade in the area could violate the Sight Plane height limit established by the Corporate Plaza West Planned Community District Regulations or be more visible from the public right -of- way. 6. The proposed facility will only require periodic maintenance and will not generate any type of adverse impacts to the environment, such as noise, odor, smoke, etc. 7. The proposed facility will comply with the applicable rules, regulations, and standards of the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC), thus ensuring public health and safety. 8. The proposed facility will not impede public views and is not located in an area adjacent to a Coastal View Road or Public View Point as designated in the General Plan, 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 City Council Resolution No. 2014 -76 Page 5 of 11 necessary to provide service; and (c) Lack of such a facility would result in a denial of service. Facts in Support of Findin 1. Alternative location designs for both AT &T and Verizon Wireless were considered identifying higher priority locations, which included public right -of -ways, co- locations, roof mount and building facade locations, existing commercial signs, and a new false tree. 2. Public right -of -way opportunities were considered; however, the RF engineer determined that antennas installed on streetlights would be too low in height to meet the coverage objective, would require substantial structural work or pole replacement, and could not accommodate the needed number of antennas to meet system requirements. 3. The initial proposal for this area was to install the panel antennas on building rooftops; however, the height of the roof mount antennas would have exceeded the maximum height allowed by the Sight Plane height limit established by the Corporate Plaza West Planned Community District. Installation of the antennas onto building facades would yield antenna heights too low resulting in signals being blocked. 4. Consideration by AT &T was given to an installation in the commercial buildings southeast of the subject property and at the two existing Fashion Island /Newport Center entry signs located on Newport Center Drive north of East Coast Highway. it was concluded, the commercial buildings were outside the RF engineers search ring, and due to the orientation of the two entry sign structures, insufficient signal propagation would result and coverage needs would not be met. 5. Lastly, a new freestanding faux tree was proposed at three nearby locations as well as at the site. However, the proposals were rejected or abandoned due to lack of interest from the property owners, lack of membership support from Newport Beach Country Club, or the inability to agree to specific terms with the City of Newport Beach. The property owner, Irvine Company, was not in support of the proposed faux tree design and directed the applicant to proceed with the "Slim Jim" monopole design. 6. Based upon the application, a gap in coverage exists and without the proposed facility, there would be a denial of service provided by AT &T and Verizon Wireless antennas for the PCS and cellular service, and 4G /LTE coverage. The proposed facility will improve outdoor coverage for both carriers and provide indoor cellular coverage to nearby areas that is currently marginal or non - existent. SECTION 4. DECISION. 1. The City Council of the City of Newport Beach hereby approves Telecom Permit No. TP2013 -010, for the construction of two monopoles and a 450 - square -foot equipment City Council Resolution No. 2014 -76 Paqe 6 of 11 enclosure for AT &T and Verizon Wireless subject to the conditions set forth in "Exhibit A ", which is attached hereto and incorporated by reference. 2. This resolution was approved and adopted at a regular meeting of the City Council of the City of Newport Beach, held on the 12t day of August, 2014. ATTEST: { C� Rush N. Hill, II Mayor Leilani I. Brown City Clerk City Council Resolution No. 2014 -76 Paae 7 of 11 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. 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). 3. 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. 4. The telecom facility shall comply with all regulations and requirements of the California Building Code, California Fire Code, California Mechanical Code, and California Electrical Code. All required permits shall be obtained prior to commencement of the construction. 5. 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. 6. Anything not specifically approved by this permit is not permitted and must be addressed in a separate and subsequent Telecom Permit review. 7. No portion of the global positioning system (GPS) antennas, associated equipment, or mounting structures shall protrude beyond the eight- foot -high masonry wall. 8. The monopoles approved by this permit shall not exceed the maximum elevation height of 145 feet above mean sea level using 88 NAVD datum. A Height Certification Inspection shall be required prior to final of building permits. 9. In case of damage done to public improvements surrounding the site by the private construction, additional reconstruction within the public right -of -way may be required at the discretion of the Public Works Department. 10. The storage of all project related equipment during construction shall be on -site and outside the public right -of -way. City Council Resolution No. 2014 -76 Paae 8 of 11 11. An approved encroachment permit is required for all work activities within the public right - of -way. 12. All work in the public right -of -way shall conform to the requirements of the Municipal Code, including but not limited to, Chapter 13, as the same may be amended from time to time. 13. Battery electrolyte capacity and the number of proposed batteries for each cabinet must be disclosed. Storage of batteries must comply with California Fire Code Section 608, Stationary Storage Battery Systems. 14. Manufactures specifications for any generators will be required with plan review. Generator shall be installed as per manufactures specifications, NFPA 110, and the National Electrical Code. 15. Emergency access to the equipment area shall be required. 16. A fire extinguisher with a minimum size of 2A20 BC shall be required within 50 feet of the equipment enclosure area. 17. The design of the monopole and associated equipment shall be designed to conform to ASCE 7 -10 for wind and seismic consideration for windscreen and anchorage of the equipment. 18. A soils report shall be prepared and submitted in conjunction with the construction drawings for the monopole's foundation system. 19. Prior to issuance of building permits, the applicant shall obtain a determination, in writing, from the Coastal Commission that the project as proposed is not a development under the California Coastal Act, or obtain a Coastal Development Permit from the Coastal Commission. 20. 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. 21. The facility shall transmit at the approved frequency ranges established by the FCC. The applicant shall inform the City in writing of any proposed changes to the frequency range in order to prevent interference with the City's Public Safety radio equipment. 22. Should interference with the City's Public Safety radio equipment occur, use of the telecom facility authorized by this permit may be suspended until the radio frequency interference is corrected and verification of the compliance is reported. 23. The applicant recognizes that the frequencies used by the cellular facility located at 1600 Newport Center Drive 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 City Council Resolution No. 2014 -76 Page 9 of 11 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). 24. The applicant shall provide a "single point of contact" for both carriers in its Engineering and Maintenance Departments that is monitored 24 hours per day to ensure 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 Community Development Department and Newport Beach Police Department's Support Services Commander prior to activation of the facility. 25. 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. The location of the information warning signs or plates shall be depicted on the plans submitted for construction permits. 26. 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. 27. The telecom facility shall not be lighted except as deemed necessary by the Newport Beach Police Department for security lighting or proper maintenance of light on a United States flag in accordance with the U.S Flag Code (4 U.S.C. § 1, et seq.). 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. 28. Both operators of the telecom facility shall maintain the facility in a manner consistent with the original approval of the facility. 29. At all times, the operator for AT &T and Verizon Wireless shall ensure that its telecom facilities comply with the most current regulatory, operations standards, and radio frequency emissions standards adopted by the FCC. The operator shall be responsible for obtaining and maintaining the most current information from the FCC regarding allowable radio frequency emissions and all other applicable regulations and standards. Said information shall be made available by the operator upon request at the discretion of the Community Development Director. 30. Prior to final of building permits, the applicant shall schedule an inspection by the Planning Division to ensure materials and colors match existing architecture as illustrated in the approved photographic simulations and in conformance with Municipal Code Section 20.49.050, to the satisfaction of the Planning Division. City Council Resolution No. 2014 -76 Page 10 of 11 31. 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. 32. 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 users under the control of the applicant to comply. 33. 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. 34. 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 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. 35. 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. 36. This approval shall expire unless exercised within 24 months from the date of approval. 37. 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 the AT &T and Verizon Newport Center Drive Telecommunication Facility including, but not limited to TP2013 -010 (PA2013 -225). 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, City Council Resolution No. 2014 -76 Paae 11 of 11 attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani 1. 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. 2014 -76 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 12th day of August , 2014, and that the same was so passed and adopted by the following vote, to wit: Ayes: Council Member Gardner, Council Member Curry, Council Member Henn, Mayor Pro Tern Selich, Mayor Hill Nays: Council Member Petros Recused: Council Member Daigle IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of August, 2014. �ti4 ow� City Clerk Newport Beach, California (Seal)