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Home My WebLink About11 - T-Mobile_PA2011-021CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 1 May 24, 1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Dana Smith, Assistant City Manager 949 - 644 -3002, dsmith @newportbeachca.gov PREPARED BY: Jaime Murillo, Associate Planner APPROVED: TITLE: T- Mobile Telecommunications Permit (PA2011 -021) 20311 Acacia Street ABSTRACT: This item was originally scheduled for the April 26, 2011, City Council meeting; however, prior to the meeting, the applicant was made aware that the office building where the telecom facility is proposed to be located is within the Acacia Plaza II Association and the installation of antennas requires association approval. The item was then continued at the request of the applicant to allow them the opportunity to pursue approval by the association prior to Council review. As of the writing of this report, the applicant has been unable to schedule a meeting with the Acacia Plaza II Association and, therefore, the applicant is requesting another continuance to the June 14, 2011, City Council meeting. RECOMMENDATION: Continue this item to be heard at the June 14, 2011, City Council meeting Submitted by: 0" (�e- V Z>tl-, Dana Smith Assistant City Manager Attachments: CC 1 Continuance Request 1 IN EMIrlTITRe"i�t , 11o. ClC 1 Continuance Request 3 m From: Tim Miller To: Murillo, Jaime; cc: Micah Sullivan; Thompson, Joe; Nancv Sheridan; Flo Mead; sharon curtisprop @sbcq lobal. net; Subject: RE: T- Mobile Project at 20311 Acacia Street // T- Mobile Project No. LA33496B Date: Tuesday, May 10, 20115:09:51 PM Mr. Murillo, T- Mobile would like to request the project to be continued to the June 14, 2011 City Council meeting. We are still trying to work with and schedule a meeting with the Acacia Plaza II Association. The additional time will allow us to address the concerns of the association. Thank you again for your help and understanding. Sincerely, Tim Miller Zoning Manager Trillium Consulting, Inc. 5912 Bolsa Avenue # 202, Huntington Beach, CA 92649 (714) 799 -2000 ext 314 Office (714) 364 -7233 Mobile (714) 799 -2020 Fax From: Tim Miller Sent: Monday, April 25, 2011 1:49 PM To: 'jmurillo @newportbeachca.gov' Cc: ' sharon- curtisprop @sbcglobal.net', Micah Sullivan; 'Thompson, Joe'; Nancy Sheridan Subject: T- Mobile Project at 20311 Acacia Street // T- Mobile Project No. LA33496B Importance: High Mr. Murillo, In light of the issues that we were made aware of today, T- Mobile would like to request a continuance from the April 26, 2011 City Council Meeting for project PA2011 -021 requesting a T- Mobile rooftop wireless facility at 20311 Acacia Street. We would like to have the project continued for one month so that T- Mobile can work with the Acacia Plaza II Association. We appreciate the City Council's consideration and understanding for T- Mobile to resolve these issues before a land use decision is made. Thank you. .S Sincerely, Tim Miller Zoning Manager Trillium Consulting, Inc. 5912 Bolsa Avenue # 202, Huntington Beach, CA 92649 (714) 799 -2000 ext 314 Office (714) 364 -7233 Mobile (714) 799 -2020 Fax CE IIEIA"A It, IkASK F01t .1C 1C1 .\ III, 1Z 1 Tfi VI 11 ' May 18, 2011 EIVEU 3 PM 1258 OFIOE OF TF, QTY CLERK Cm Or ' PORT BEACH Mr. and Mrs. Madan, Palm Investment, LLC, a Nevada Limited Liability Co. 13832 Mulholland Drive Beverly Hills, CA 90210 "RECEIVED 4FrER AGEN19A PRINTED-" I " Mr. and Mrs. Madan, Palm Investment, LLC, a Nevada Limited Liability 6`o. s -�� c/o 20311 Acacia Street RECEIVED eX 1 Newport Beach, CA 92660 PLANNING DEPARTMENT Jaime Murillo, Associate Planner City Clerk's office of Newport Beach - 3300 Newport Blvd., Bldg. B Newport Beach, CA 92663 Trillium Consulting, Inc. 5912 Bolsa Avenue, Suite 202 Huntington Beach, CA 92649 MAY 2 3 2011 CITY OF NEWPORT BEACH Re: NB Proiect File: PA2011 -021 re 20311 Acacia St. Newport Beach T- Mobile Rooftop Lease Proposal Dear Trillium Consulting, Mr. and Mrs. Madan, Palm Investment, LLC, Investment, LLC, City of Newport Beach and To Whom it May Concern: We have received information only recently from Trillium Consulting with a great deal of detail concerning their proposal for a wireless telecom facility, rooftop relay tower and GPS System device to be installed on the 20311 Acacia Street, Newport Beach office building rooftop. The subject for this structure was not brought up to us in a timely manner and as the officers of the Acacia Plaza II Association it should have been discussed by the association before it went before the City of Newport Beach. The owners of the building, Palm Investments by Mr, and Mrs. Madan, failed and refused to provide any information regarding the proposal and structure although they were present during the meeting by conference call at the annual association meeting of PO BOX 9315 • \' R'PORT BF ACH, CA • '13660 PHOM1C: 949 . 6618807 • hAX 949 660 8830 Owners. The topic should have been mentioned at that time by them pursuant to protocol, but was not. The proposal for this structure(s) has not been discussed, cleared nor approved by the Association and therefore is in specific and direct violation of the association's Declaration of Covenants, Conditions & Restrictions, which state in pertinent part: "7.4.1. Antennas: No television, radio or other electronic antenna or device of a[!y type shall be erected constructed, placed or permitted to remain on any of the buildings constructed on the Lots unless and until the same shall have been approved in writing by the Board." Be advised that we remain in opposition to this proposal and plan and intend to act as necessary to support and defend the Declaration of C, C and R's to prevent the proposed project from moving ahead. It is in direct violation of the terms of the Association Covenant, Conditions and Regulations, to which the owners, Mr. and Mrs. Madan and Palm Investments, LLC are bound. As far as we are concerned this is our final decision and this should be the end of the discussion of this matter. Sincerely, Helen R. Rask as Owner Of Lots 1 and 3 of Acacia Plaza II and President of the Board cc: Sally Holstein, Assn Mgr. cc: Roger Niez @ NAI Capital Fax(949)854 -7378 RECEIVED PROOF }OOF L•lb r'' U f: _ ei A 1 N OFFICE OF T ECP CLERK STATE OF CALIFOTFC A') )SS. COUNTY OF ORANGE ) I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the NEWPORT BEACH /COSTA MESA DAILY PILOT, which was adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Costa Mesa, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): April 16, 2011 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on May 5, 2011 at Los Angeles, California (� aignature Boule- Bea`cN. of the Beach follow. n or u:: - TP2011- ant'a Ana 'Ian: 'General ;iai Office 20311 Acacia CLASSIFIED , Daly Pilot ADVERTISING Dally Pilot Printed by11622 Daniel Arretche Mays;2011;3:66p� �i HI Salesperson: I • • e Phone:— _ — _ _ _ _ Ad #34252429 r • • — NOTICE OF SPECIAL REVIEW NOTICE IS HEREBY GIVEN that on Tuesday, April 26, 2011, at 7:00 p.m., a special review will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: T- Mobil. Telecommu- nications Facility Por- mit - The applicant requests a telecommu- nications (telecom) facility permit to locate a new wireless telecom facility on the root of an existing office building. A total of nine 5 -foot -high panel an- tennas (three antennas per sector, three sectors total) and one global positioning system (GPS) antenna are proposed to be located on the roof within two new screening enclo- sures. In addition, a total of eight equipment cabinets are proposed to be installed within an existing suite an the second floor of the office building. The application requires special review by the City Council because the proposed antennas will exceed the maximum permitted height limit of 37 feet by 3 feet 10 inches. The project is categori. cally exempt under Section 15303 of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction). No formal public hearing shall be required in conjunction with review of this proposed telecom facility. However, the City Council may hear and consider comments from the public during its review of the appli. cation. All interested - -- ad proof pg, t - -- Account Information- li P - Adlnformation - -- a Phone# (949) 644 -3005 Startdate 04 -16 -11 Size 1 x 122.470 Name: CITY OF NEWPORT BEACH- Stop date 04 -16 -11 �Billedsize 12.00TCNInch AG12622 Insertions 1 Keyword Address: 330ONewportBlvd Ratecode &Legal Newport Beach Ad type Liner Newport Beach, CA 92663, Takenby 0622 Daniel Arretche Acct #; 296271603 '''Classification 13000 -Legal Notices j. Publications TCNDailyPilot Client: 'CITYCLERK_SOFFICE- CITYOF NEWPORT i Placedby: Fax #: , Ad Copy: NOTICE OF SPECIAL REVIEW NOTICE IS HEREBY GIVEN that on Tuesday, April 26, 2011, at 7:00 p.m., a special review will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: T- Mobil. Telecommu- nications Facility Por- mit - The applicant requests a telecommu- nications (telecom) facility permit to locate a new wireless telecom facility on the root of an existing office building. A total of nine 5 -foot -high panel an- tennas (three antennas per sector, three sectors total) and one global positioning system (GPS) antenna are proposed to be located on the roof within two new screening enclo- sures. In addition, a total of eight equipment cabinets are proposed to be installed within an existing suite an the second floor of the office building. The application requires special review by the City Council because the proposed antennas will exceed the maximum permitted height limit of 37 feet by 3 feet 10 inches. The project is categori. cally exempt under Section 15303 of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction). No formal public hearing shall be required in conjunction with review of this proposed telecom facility. However, the City Council may hear and consider comments from the public during its review of the appli. cation. All interested - -- ad proof pg, t - -- CLASSIFIED y Pilot DailyPilot ADVERTISING all ed 22 Daniel Airelche May 5,2611,3:06 pm H A I r r ° e: A d Jt 34252429 r r It you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this notice) at in written correspon- dence delivered to the City, at or prior to, the review. The agenda, staff report, and docu- ments may be reviewed at iho City Clark's Office (Ba ildin9 B), 3300 N e w Port Boulevard, Newport Beach, Calf - fornio, 9$663, or at Iho City of Newport Beach wobsita at www. nowportbc achca.gov an the Thursday prior to the hearing. For more information please call 949. 644 -3204. For questions regarding details of the project please contact Jaime Murillo, Associate Plan. ner, at (949) 644 -3209 or at jmurillo Qa newporibeachea.gov. Project File No.: PA2011- 021 Activity No.: TP2011 -005 Zeno: Santa Ana Heights Specific Plan (SP -7- BP) Gonarat Plan: General Commercial Office (CO- G) Location: 20311 Acacia Street Appl'cant: Trillium Consulting for T- Mobile West Corporation leilani 1. Brown, City Clerk City of Newport Beach Published Newport Beach /Costa Mesa Daily Pilot April 16, 2011 - -- ad proof pg. 2 - --