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HomeMy WebLinkAbout05 - NextG Wireless Telecom PermitsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 5 July 27, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Janet Johnson Brown, Associate Planner 949 - 644 -3236, jbrown @newportbeachca.us APPLICANT: NextG Networks of California, Inc. SUBJECT: NextG Wireless Telecom Permits for a Distributed Antenna System within the Public Right -of -way • Telecom Permit No • Telecom Permit No • Telecom Permit No • Telecom Permit No • Telecom Permit No • Telecom Permit No • Telecom Permit No ISSUE: TP2009 -003 for 1101 (CS) East Coast Highway TP2009 -004 for 2346 (CS) East Coast Highway TP2009 -005 for 4501 (CS) West Coast Highway TP2009 -006 for 5100 (CS) East Coast Highway TP2009 -007 for 6228 (CS) East Coast Highway TP2009 -008 for 3215 (CS) Marcus Avenue TP2009 -009 for 202 (CS) Santa Ana Avenue Should the City Council adopt resolutions for applications submitted By NextG Networks to install antenna nodes within the public right -of -way (PROW) as recommended below? RECOMMENDATION 1. Adopt the attached resolutions (Attachments 1 through 5) denying Telecommunication Permit Nos. TP2009 -003, TP2009 -004, TP2009 -005, TP2009- 006, TP2009 -007, and adopt the attached resolutions (Attachments 6 and 7) approving, with conditions, Telecommunication Permit Nos. TP2009 -008 and TP2009 -009, and the fiber optic network associated with those sites. BACKGROUND NextG Networks of California, Inc. filed seven applications with the City to install and operate a Distributed Antenna System (DAS) network consisting of seven antenna nodes and associated fiber optic network within the PROW along or in the vicinity of East and West Coast Highway. Pursuant to Section 15.70.070.F of the Newport Beach Municipal Code (NBMC), the City Council, on July 7, 2010, conducted a Special Review NeztG Telecom Permits July 27, 2010 Page 2 of the seven telecommunications applications. After discussion of the applications, Council found that facts to support the required findings for approval could not be made for the applications for new monopoles in the PROW. Council voted (6 ayes, 0 noes) to accept the recommendations of staff for all of the applications, denying the five proposed applications for new free - standing monopoles within the PROW, and approving, with conditions, the two applications for installations on existing SCE utility poles. A brief project description and July 7, 2010 action of the Council (in bold type) for each of the originally proposed facilities follows: 1. Telecom Permit No. TP2009 -003 for 1101 (CS) East Coast Highway: An omni- directional antenna mounted atop a proposed new free - standing monopole at an overall height of 32 feet, located near the southeast corner of Jamboree Road and East Coast Highway. DENIED 2. Telecom Permit No. TP2009 -004 for 2346 (CS) East Coast Highway; An omni- directional antenna mounted atop a proposed new free - standing monopole at an overall height of 30 feet 3 inches, located at the northwest corner of MacArthur Boulevard and East Coast Highway. DENIED 3. Telecom Permit No. TP2009 -005 for 4501 (CS) West Coast Highway: An omni- directional antenna mounted atop a proposed new free - standing monopole at an overall height of 30 feet 3 inches, located at the southeast corner of Superior Avenue and West Coast Highway. DENIED 4. Telecom Permit No. TP2009 -006 for 5100 (CS) East Coast Highway. An omni- directional antenna mounted atop a proposed new free - standing monopole at an overall height of 32 feet, located at the northwest corner of Cameo Highlands Drive and East Coast Highway. DENIED 5. Telecom Permit No. TP2009 -007 for 6228 (CS) East Coast Highway An omni- directional antenna mounted atop a proposed new free - standing streetlight pole owned by NextG at an overall height of 26 feet 7 inches, located at the southwest corner of Newport Coast Drive and East Coast Highway. DENIED 6. Telecom Permit No. TP2009 -008 for 3215 (CS) Marcus Avenue: An omni- directional antenna mounted at a height of 24 feet 7 inches on an existing 34 -foot tall SCE utility pole, located at the northwest corner of 32nd Street and Marcus Avenue. APPROVED WITH CONDITIONS 7. Telecom Permit No. TP2009 -009 for 202 (CS) Santa Ana Avenue: An omni- directional antenna attached near the top of a new 43 -foot high wooden SCE utility pole. The new pole would replace an existing 31- foot -7- inch -tall SCE utility pole located at the southeast corner of Santa Ana Avenue and Old Newport Boulevard. Council approved the application based on staff's recommendation that the approval be conditioned to permit the installation of the telecom facility on the top of the existing wooden SCE utility pole or a new pole at the height of the existing pole to NextG Telecom Permits July 27, 2010 Page 3 prevent a negative impact on public streetscapes and scenic views to the bay and ocean from public streets in the vicinity. APPROVED WITH CONDITIONS On July 7, 2010, City Council directed staff to prepare resolutions for review and adoption by City Council (Attachment CC1 — CC7). Environmental Review Telecom applications: TP2009 -003, TP2009 -004, TP2009 -005, TP2009 -006, and TP2009 -007 were denied by City Council. Pursuant to section 15270 of the CEQA Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. Telecom applications TP2009 -008 and TP2009 -009 have been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). Public Notice A notification describing the proposal and the date and time of the July 7, 2010 City Council review was mailed to property owners of record within 300 feet of the proposed location of each telecom facility a minimum of 10 days in advance of the Council review d ate. CONCLUSION Staff requests that the City Council review and adopt the attached resolutions. Prepared by: Submitted by: /V, Janet Johnson Brown, David Lepo Associate Planner Planning Director ATTACHMENTS: Attachment No. CC 1: Resolution Denying Telecom Permit No. TP2009 -003 for 1101 (CS) East Coast Highway Attachment No. CC 2: Resolution Denying Telecom Permit No. TP2009 -004 for 2346 (CS) East Coast Highway Attachment No. CC 3: Resolution Denying Telecom Permit No. TP2009 -005 for 4501 (CS) West Coast Highway Attachment No. CC 4: Resolution Denying Telecom Permit No. TP2009 -006 for 5100 (CS) East Coast Highway Attachment No. CC 5: Resolution Denying Telecom Permit No. TP2009 -007 for 6228 (CS) East Coast Highway Attachment No. CC 6: Resolution Approving Telecom Permit No. TP2009 -008 for 3215 (CS) Marcus Avenue Attachment No. CC 7: Resolution Approving Telecom Permit No. TP2009 -009 for 202 (CS) Santa Ana Avenue Attachment No. CC 1 Resolution denying: TP2009 -003 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DENYING APPLICATION NO. TP2009 -003 FOR A WIRELESS TELECOM PERMIT LOCATED WITHIN THE PUBLIC RIGHT -OF -WAY (PROW) AT 1011 (CS) EAST COAST HIGHWAY (PA2009 -118) 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. An application was filed by NextG Networks of California, Inc. (NextG), with respect to property located at 1011 (CS) East Coast Highway, legally described as: public right - of -way at the SE corner of Jamboree Road and East Coast Highway, 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 atop a proposed new free - standing monopole at an overall height of 32 feet. 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.F1.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. Pursuant to Section 15270 of the CEQA Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. 1. In accordance with Section 15.70.070.F.3 of the Newport Beach Municipal Code, applications subject to special review may be approved by City Council if it makes the specified findings. The City Council hereby finds that the evidence, both written and oral, presented to, and considered by the City Council do not support such findings, as set forth below: City Council Resolution No. _ Page 2 of 3 Finding: A. The approval is necessary to allow the facility to function as intended and identified alternatives to the proposal are not feasible. Facts Not in Support of Finding: A -1. An alternative, higher priority location is present in the vicinity of this location where NextG proposes to install a free - standing monopole in the PROW. The applicant has not presented any evidence that the identified alternative is not feasible. Furthermore, the City supports co- location and attachment of the antennas and equipment to the alternative types of higher priority locations described in the 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 Not in Support of Finding: B -1. The installation of new free - standing monopole in the PROW would be in conflict with the regulations of Chapter 13.20 of the NBMC, which codifies the City's established policy to underground facilities whenever feasible, and prohibits new above - ground facilities in areas where facilities are currently undergrounded. All utilities in this location have been undergrounded. B -2. The proposed facility would have a detrimental visual effect on the public streetscape along East Coast Highway. 2. There is no evidence given which established to the satisfaction of the City Council the Special Requirements in accordance with Section 15.70.050.8.2, as set forth below: Special Requirement: C. Higher priority locations are either not available or are not feasible. Facts Not in Support of Special Requirement: C -1.As specified by Section 15.70.050.13, a higher priority location (existing streetlight standard, identified as SLC 5059, on the south side of Coast Highway near Jamboree Road) is present. D. Establishment of a facility on a new standard monopole or lattice tower is necessary to provide service. Tmplt: 04/14/10 City Council Resolution No. Paqe 3 of 3 Facts Not in Support of Special Requirement: D -1. NextG does not own or control the radio frequency spectrum to be transmitted, or received at its nodes, nor does it sell wireless services to consumers. Instead, they operate DAS networks to provide access and signal transfer services to third -party wireless service providers. In addition, a higher priority location is present in the vicinity of the proposed location. Therefore, establishment of a new free - standing monopole owned by NextG in the PROW is not necessary to provide service. E. Lack of such a facility would result in a denial of service. Facts Not in Support of Special Requirement: E -1. Because NextG does not own or control the radio frequency spectrum to be transmitted or received at its nodes, nor does it sell wireless services to consumers, lack of such a facility would not result in a denial of service. NextG can have no significant gap in coverage as it is not a wireless carrier, but rather a vendor of wireless equipment used by wireless carriers. MetroPCS, NextG's customer, has not proven that there is a significant gap in its coverage with the City, or in the areas around this proposed location. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The City Council of the City of Newport Beach hereby denies Telecom Permit Application No. TP2009 -003. PASSED, APPROVED AND ADOPTED THIS 27TH DAY OF JULY, 2010 AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORN EY Tmplt 04/14/10 Attachment No. CC 2 Resolution denying: TP2009 -004 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DENYING APPLICATION NO. TP2009 -004 FOR A WIRELESS TELECOM PERMIT LOCATED WITHIN THE PUBLIC RIGHT -OF -WAY (PROW) AT 2346 (CS) EAST COAST HIGHWAY (PA2009 -119) 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. An application was filed by NextG Networks of California, Inc. (NextG), with respect to property located at 2346 (CS) East Coast Highway, legally described as: public right - of -way at the NW corner of MacArthur Boulevard and East Coast Highway, 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 atop a proposed new free - standing monopole at an overall height of 30 feet 3 inches. 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. Pursuant to Section 15270 of the CEQA Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. 1. In accordance with Section 15.70.070.F.3 of the Newport Beach Municipal Code, applications subject to special review may be approved by City Council if it makes the specified findings. The City Council hereby finds that the evidence, both written and oral, presented to, and considered by the City Council do not support such findings, as set forth below: City Council Resolution No. _ Paqe 2 of 3 Finding: A. The approval is necessary to allow the facility to function as intended and identified alternatives to the proposal are not feasible. Facts Not in Support of Finding: A -1. An alternative, higher priority location on an existing City -owned streetlight pole is present in the vicinity of this location where NextG proposes to install a free - standing monopole in the PROW. The applicant has not presented any evidence that the identified alternative is not feasible. Furthermore, the City supports co- location and attachment of the antennas and equipment to the alternative types of higher priority locations described in the 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 Not in Support of Findinq: B -1. The installation of new free - standing monopole in the PROW would be in conflict with the regulations of Chapter 13.20 of the NBMC, which codifies the City's established policy to underground facilities whenever feasible, and prohibits new above - ground facilities in areas where facilities are currently undergrounded. All utilities in this location have been undergrounded. B -2. The proposed facility would have a detrimental visual effect on the public streetscape along East Coast Highway. 2. There is no evidence given which established to the satisfaction of the City Council the Special Requirements in accordance with Section 15.70.050.B.2, as set forth below: Special Requirement: C. Nigher priority locations are either not available or are not feasible. Facts Not in Support of Special Requirement: C -1 As specified by Section 15.70.050.B, a higher priority location (existing light standard on the north side of Coast Highway near MacArthur Boulevard) is present. D. Establishment of a facility on a new standard monopole or lattice tower is necessary to provide service. Tmplt 04/14/10 City Council Resolution No. _ Pape 3 of 3 Facts Not in Support of Special Requirement: D -1. NextG does not own or control the radio frequency spectrum to be transmitted, or received at its nodes, nor does it sell wireless services to consumers. Instead, they operate DAS networks to provide access and signal transfer services to third -party wireless service providers. In addition, a higher priority location is present in the vicinity of the proposed location. Therefore, establishment of a new free - standing monopole owned by NextG in the PROW is not necessary to provide service. E. Lack of such a facility would result in a denial of service. Facts Not in Support of Special Requirement: E -1. Because NextG does not own or control the radio frequency spectrum to be transmitted or received at its nodes, nor does it sell wireless services to consumers, lack of such a facility would not result in a denial of service. NextG can have no significant gap in coverage as it is not a wireless carrier, but rather a vendor of wireless equipment used by wireless carriers. MetroPCS, NextG's customer, has not proven that there is a significant gap in its coverage with the City, or in the areas around this proposed location. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The City Council of the City of Newport Beach hereby denies Telecom Permit Application No. TP2009 -004. PASSED, APPROVED AND ADOPTED THIS 27TH DAY OF JULY, 2010 AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY Tmplk 04/14/10 Attachment No. CC 3 Resolution denying: TP2009 -005 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DENYING APPLICATION NO. TP2009 -005 FOR A WIRELESS TELECOM PERMIT LOCATED WITHIN THE PUBLIC RIGHT -OF -WAY (PROW) AT 4501 (CS) WEST COAST HIGHWAY (PA2009 -120) 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. An application was filed by NextG Networks of California, Inc. (NextG), with respect to property located at 4501 (CS) West Coast Highway, legally described as: public right - of -way at the SE corner of Superior Avenue and West Coast Highway, 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 atop a proposed new free - standing monopole at an overall height of 30 feet 3 inches. 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. Pursuant to Section 15270 of the CEQA Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. 1. In accordance with Section 15.70.070.F.3 of the Newport Beach Municipal Code, applications subject to special review may be approved by City Council if it makes the specified findings. The City Council hereby finds that the evidence, both written and oral, presented to, and considered by the City Council do not support such findings, as set forth below: City Council Resolution No. _ Paae 2 of 3 Finding: A. The approval is necessary to allow the facility to function as intended and identified alternatives to the proposal are not feasible. Facts Not in Support of Finding: A -1. Alternative, higher priority locations are present in the vicinity of this location where NextG proposes to install a free - standing monopole in the PROW. The applicant has not presented any evidence that these identified alternatives are not feasible. Furthermore, the City supports co- location and attachment of the antennas and equipment to the alternative types of higher priority locations described in the 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 Not in Support of Finding: B -1. The installation of new free - standing monopole in the PROW would be in conflict with the regulations of Chapter 13.20 of the NBMC, which codifies the City's established policy to underground facilities whenever feasible, and prohibits new above - ground facilities in areas where facilities are currently undergrounded. All utilities in this location have been undergrounded. B -2. The proposed facility would have a detrimental visual effect on the public streetscape along East Coast Highway. 2. There is no evidence given which established to the satisfaction of the City Council the Special Requirements in accordance with Section 15.70.050.13.2, as set forth below: Special Requirement: C. Higher priority locations are either not available or are not feasible. Facts Not in Support of Special Requirement: C -1 As specified by Section 15.70.050.13, higher priority locations are present (existing telecom site on Superior Avenue or an existing streetlight standard in the PROW on the south side of Coast Highway near Superior Avenue). D. Establishment of a facility on a new standard monopole or lattice tower is necessary to provide service. Tmplt 04/14/10 City Council Resolution No. Pape 3 of 3 Facts Not in Support of Special Requirement: D -1. NextG does not own or control the radio frequency spectrum to be transmitted, or received at its nodes, nor does it sell wireless services to consumers. Instead, they operate DAS networks to provide access and signal transfer services to third -party wireless service providers. In addition, a higher priority location is present in the vicinity of the proposed location. Therefore, establishment of a new free - standing monopole owned by NextG in the PROW is not necessary to provide service. E. Lack of such a facility would result in a denial of service. Facts Not in Support of Special Requirement: E -1. Because NextG does not own or control the radio frequency spectrum to be transmitted or received at its nodes, nor does it sell wireless services to consumers, lack of such a facility would not result in a denial of service. NextG can have no significant gap in coverage as it is not a wireless carrier, but rather a vendor of wireless equipment used by wireless carriers. MetroPCS, NextG's customer, has not proven that there is a significant gap in its coverage with the City, or in the areas around this proposed location. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The City Council of the City of Newport Beach hereby denies Telecom Permit Application No. TP2009 -005. PASSED, APPROVED AND ADOPTED THIS 27TH DAY OF JULY, 2010 AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY Tm plt: 04/14/10 Attachment No. CC 4 Resolution denying: TP2009 -006 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DENYING APPLICATION NO. TP2009 -006 FOR A WIRELESS TELECOM PERMIT LOCATED WITHIN THE PUBLIC RIGHT -OF -WAY (PROW) AT 5100 (CS) EAST COAST HIGHWAY (PA2009 -121) 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 5100 (CS) East Coast Highway, legally described as: public right - of -way at the NW corner of Cameo Highlands Drive and East Coast Highway (5100 (CS) East Coast Highway), 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 atop a proposed new free - standing monopole at an overall height of 32 feet. 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. Pursuant to Section 15270 of the CEQA Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. In accordance with Section 15.70.070.F.3 of the Newport Beach Municipal Code, applications subject to special review may be approved by City Council if it makes the specified findings. The City Council hereby finds that the evidence, both written and oral, presented to and considered by the City Council do not support such findings, as set forth below: Finding: A. The approval is necessary to allow the facility to function as intended and identified alternatives to the proposal are not feasible. Facts Not in Support of Finding: A -1. An alternative, higher priority location is present in the vicinity of this location where NextG proposes to install a free - standing monopole in the PROW. The applicant has not presented any evidence that the identified alternative is not feasible. Furthermore, the City supports co- location and attachment of the antennas and equipment to the alternative types of higher priority locations described in the 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 Not in Support of Finding: B -1. The installation of new free - standing monopole in the PROW would be in conflict with the regulations of Chapter 13.20 of the NBMC, which codifies the City's established policy to underground facilities whenever feasible, and prohibits new above - ground facilities in areas where facilities are currently undergrounded. All utilities in this location have been undergrounded. B -2. The proposed facility would have a detrimental visual effect on the public streetscape at the entrance to Corona Highlands and along East Coast Highway. 2. There is no evidence given which established to the satisfaction of the City Council the Special Requirements in accordance with Section 15.70.050.B.2, as set forth below: Special Requirement: C. Higher priority locations are either not available or are not feasible. Facts Not in Support of Special Requirement: C -1. As specified by Section 15.70.050.B, a higher priority location (streetlight on the south side of Coast Highway within Cameo Shores) is present. D. Establishment of a facility on a new standard monopole or lattice tower is necessary to provide service. Facts Not in Support of Special Requirement: D -1. NextG does not own or control the radio frequency spectrum to be transmitted, or received at its nodes, nor does it sell wireless services to consumers. Instead, they operate DAS networks to provide access and signal transfer services to third -party wireless service providers. In addition, a higher priority location is present in the vicinity of the proposed location. Therefore, establishment of a new free - standing monopole owned by NextG in the PROW is not necessary to provide service. E. Lack of such a facility would result in a denial of service. Facts Not in Support of Special Requirement: E -1. Because NextG does not own or control the radio frequency spectrum to be transmitted or received at its nodes, nor does it sell wireless services to consumers, lack of such a facility would not result in a denial of service. NextG can have no significant gap in coverage as it is not a wireless carrier, but rather a vendor of wireless equipment used by wireless carriers. MetroPCS, NextG's customer, has not proven that there is a significant gap in its coverage with the City, or in the areas around this proposed location. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The City Council of the City of Newport Beach hereby denies Telecom Permit Application No. TP2009 -006. PASSED, APPROVED AND ADOPTED THIS 27TH DAY OF JULY, 2010 AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS ATTEST: 1••• 7 CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY Attachment No. CC 5 Resolution denying: TP2009 -007 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DENYING APPLICATION NO. TP2009 -007 FOR A WIRELESS TELECOM PERMIT LOCATED WITHIN THE PUBLIC RIGHT -OF -WAY (PROW) AT 6228 (CS) EAST COAST HIGHWAY (PA2009 -122) 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 6228 (CS) East Coast Highway, legally described as: public right - of -way at the SW corner of Newport Coast Drive and East Coast Highway, 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 atop a proposed new free - standing monopole at an overall height of 26 feet 7 inches. 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. Pursuant to Section 15270 of the CEQA Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. 1. In accordance with Section 15.70.070.F.3 of the Newport Beach Municipal Code, applications subject to special review may be approved by City Council if it makes the specified findings. The City Council hereby finds that the evidence, both written and oral, presented to and considered by the City Council do not support such findings, as set forth below: City Council Resolution No. _ Page 2 of 3 Finding: A. The approval is necessary to allow the facility to function as intended and identified alternatives to the proposal are not feasible. Facts Not in Support of Finding: A -1. An alternative, higher priority location is present in the vicinity of this location where NextG proposes to install a free - standing monopole in the PROW. The applicant has not provided any evidence that the identified alternative is not feasible. Furthermore, the City supports co- location and attachment of the antennas and equipment to the alternative types of higher priority locations described in the 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 Not in Support of Finding: B -1. The installation of new free - standing monopole in the PROW would be in conflict with the regulations of Chapter 13.20 of the NBMC, which codifies the City's established policy to underground facilities whenever feasible, and prohibits new above - ground facilities in areas where facilities are currently undergrounded. All utilities in this location have been undergrounded. B -2. The proposed facility would have a detrimental visual effect on the public streetscape along East Coast Highway. 2. There is no evidence given which established to the satisfaction of the City Council the Special Requirements in accordance with Section 15.70.050.B.2, as set forth below: Special Requirement: C. Higher priority locations are either not available or are not feasible. Facts Not in Support of Special Requirement: C -1 As specified by Section 15.70.050.13, a higher priority location (existing light standard on the south side of Coast Highway near Newport Coast Drive) is present. D. Establishment of a facility on a new standard monopole or lattice tower is necessary to provide service. Tmplt. 04114/10 City Council Resolution No. Page 3 of 3 Facts Not in Support of Special Requirement: D -1. NextG does not own or control the radio frequency spectrum to be transmitted, or received at its nodes, nor does it sell wireless services to consumers. Instead, they operate DAS networks to provide access and signal transfer services to third -party wireless service providers. In addition, a higher priority location is present in the vicinity of the proposed location. Therefore, establishment of a new free - standing monopole owned by NextG in the PROW is not necessary to provide service. E. Lack of such a facility would result in a denial of service. Facts Not in Support of Requirement: E -1. Because NextG does not own or control the radio frequency spectrum to be transmitted or received at its nodes, nor does it sell wireless services to consumers, lack of such a facility would not result in a denial of service. NextG can have no significant gap in coverage as it is not a wireless carrier, but rather a vendor of wireless equipment used by wireless carriers. MetroPCS, NextG's customer, has not proven that there is a significant gap in its coverage with the City, or in the areas around this proposed location. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The City Council of the City of Newport Beach hereby denies Telecom Permit Application No. TP2009 -007. PASSED, APPROVED AND ADOPTED THIS 27TH DAY OF JULY, 2010 AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS rWke- ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY Tmplt: 04/14/10 Attachment No. CC 6 Resolution approving with conditions: TP2009 -008 i RESOLUTION NO. 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. 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: City Council Resolution No. _ Paqe 2 of 7 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 15.70.050.6.1 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. 13-4. 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. TmpA. 04/14/10 City Council Resolution No. _ Paqe 3 of 7 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. PASSED, APPROVED AND ADOPTED THIS 27" JULY, 2010. AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS _ ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY Tmpit 04/14/10 City Council Resolution No. _ Paqe 4 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL Telecom Permit No. 2009 -008 Public right -of -way at the NW corner of 32 "d 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 (PROW) 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 Tmplt: 04/14/10 City Council Resolution No. _ Pape 5 of 7 Section 13.20 permit application for review and processing. A copV of this approval letter shall be incorporated into the drawings approved for the issuance of permits to construct the facilitV. 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 detail of the information plates depicting the language on the plate shall be included in 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 Department with documentation from the OCSCD that the meeting has taken place 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 Tmplt: 04/14110 City Council Resolution No. Paae 6 of 7 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. Tmplt: 04/14/10 City Council Resolution No. _ Paqe 7 of 7 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. Tmplt: 04/14/10 Attachment No. CC 7 Resolution approving with conditions: TP2009 -009 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING APPLICATION NO. TP2009- 009 FOR A WIRELESS TELECOM PERMIT LOCATED WITHIN THE PUBLIC RIGHT -OF -WAY (PROW) AT 202 (CS) SANTA ANA AVENUE (PA2009 -124) 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 202 (CS) Santa Ana Avenue, legally described as the Public Right - of -Way at the SE corner of Santa Ana Avenue and Old Newport Blvd. (202 (CS) Santa Ana Avenue) requesting approval of a Wireless Telecom Permit as part of a Distributed Antenna System within the PROW. 2. The applicant proposed to attach an omni- directional antenna attached near the top of a SCE Utility pole at 35 feet. As part of this application, NextG proposed to replace an existing 31- foot -7- inch -tall SCE utility pole with a new wooden utility pole that would be 43 feet high above existing grade. 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. 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: City Council Resolution No. _ Paqe 2 of 7 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 per direction from 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 in this location would allow the facility to function as intended. Staff explored an alternative of requiring the facility to be co- located on an existing wireless facility site at either 3333 West coast Highway or 3121 West Coast Highway. The proposal was rejected because co- location would not be feasible due to technological incompatibilities with the other existing wireless telecom facilities at these locations. 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, as conditioned, is consistent with the height, location, and design standards specified in Sections 15.70.050 and 15.70.060 of the NBMC. Existing utility poles are a priority location for the installation of telecom facilities. Section 15.70.050 provides that antennas may be installed on utility poles within the PROW at a maximum height of 35 feet. As a condition of this approval, the existing height of the 31- foot -7- inch -tall SCE utility pole shall be retained, and the proposed antenna shall be attached to the top of the existing SCE utility pole or a replacement pole at a height not to exceed 35 feet; consistent with Section 15.70.050. The proposed antenna and equipment box are minimal in size and will blend in with the existing SCE utility pole. B -2. Section 13.20.030 provides City policies which promote undergrounding of facilities whenever and wherever feasible. Consistent with this section, the fuse box and electrical disconnect switch shall 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. As conditioned, 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. The proposed facility will comply with the applicable rules and regulations of the FCC. 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. Tmplt 04/14/10 City Council Resolution No. _ Paae 3 of 7 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The City Council of the City of Newport Beach hereby approves Application No. TP2009 -008, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. PASSED, APPROVED AND ADOPTED THIS 27th DAY OF JULY, 2010. AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY Tmplt 04/14/10 City Council Resolution No. _ Paqe 4 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL Telecom Permit No. 2009 -008 Public Right -of -Way at the SE corner of Santa Ana Avenue and Old Newport Blvd (202 Santa (CS) Ana 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 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 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 (PROW) 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. Tmplt: 04/14/10 City Council Resolution No. Page 5 of 7 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 Santa Ana 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 information RF 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 detail of the information plates depicting the language on the plate shall be included in 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 consideration shall be review to any other existing or proposed wireless communications facility that may be located on the subject property. The applicant shall provide the Planning Department with documentation from the OCSCD that the meeting has taken place. The applicant recognizes that the frequencies used by the cellular facility located at 202 (CS) Santa Ana 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. Tmplt. 04/14/10 City Council Resolution No. _ Page 6 of 7 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 interfere 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. Tmplk 04/14110 City Council Resolution No. Paae 7 of 7 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. Tmplt: 04/14/10