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Home My WebLink About2.0 - Bristol Street Verizon Wireless Telecom Facility_PA2015-215 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT March 3, 2016 Meeting Agenda Item No. 2 SUBJECT: Bristol Street Verizon Wireless Telecom Facility (PA2015-215) 2350 Bristol Street Conditional Use Permit No. UP2015-049 APPLICANT: Verizon Wireless c/o Plancom Inc. — Peter J. Blied OWNER: Bristol Street Partners PLANNER: Jason Van Patten, Assistant Planner 949-644-3234, jvanpatten@newportbeachca.gov PROJECT SUMMARY An amendment to Conditional Use Permit No. UP2014-016 to allow the installation of a telecom facility that exceeds the 35-foot height limit by 8 feet 7 inches. The facility will be located on the roof of an existing three-story office building and includes 12 antennas behind architectural screening. Support equipment will be located in the building. The request (43 feet 7 inches) is 1-foot-3-inches higher than the existing approval (42 feet 4 inches). The additional height is necessary to screen the most diminiutive technology used by Verizon Wireless. If approved, this request will supersede UP2014-016. RECOMMENDATION 1 ) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Conditional Use Permit Amendment No. UP2015-049 (Attachment No. PC 1). INTRODUCTION Project Setting The property is located on the southerly side of State Highway 73 between Bristol Street and Zenith Avenue in Santa Ana Heights. The property contains an 18,136-square-foot three-story office building and on-site parking lot. The property is located approximately 2,000 feet to the east of John Wayne Airport. 1 V� QP �P Bristol Street Verizon Wireless Telecom Facility Planning Commission, March 3, 2016 Page 2 VICINITY MAP � xr Subject Property M t s � GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE General Commercial Santa Ana Heights Specific Plan Office Office (C -G) Professional and Administrative Office SP-7-PA NORTH State Highway 73 State Highway 73 State Highway 73 SOUTH Single-Unit Residential Santa Ana Heights Specific Plan Single-Unit Detached (RS-D) Residential Single Family SP-7-RSF Residential EAST CO-G SP-7-PA Office Santa Ana Heights Specific Plan WEST CO-G Professional, Administrative and Commercial Vacant Consolidation SP-7-PACC 3 Bristol Street Verizon Wireless Telecom Facility Planning Commission, March 3, 2016 Page 3 Background On June 5, 2014, the Planning Commission approved Resolution No. 1947 (Attachment No. PC 2) for an AT&T facility that exceeded the 35-foot height limit by 7 feet 4 inches (42 feet 4 inches overall). The facility included 12 antennas spread across three sectors. Table 1: AT&T Approval Sector Direction No. of Antennas Antenna Height Overall Height A Bristol Street 4 4' 424" B Zenith Avenue 4 8' 424" C Bristol Street 4 4' 424" Associated equipment included remote radio units (RRUs), surge suppressors, and a microwave dish. Screen walls provided at each sector were approved to extend to a height of 42 feet 4 inches. Materials used matched the color and texture of the existing fagade. The approved facility was never constructed. Refer to Attachment No. PC 3 for approved plans. Project Description Verizon Wireless proposes to construct the approved AT&T facility with an additional 1-foot-3-inches of screen height to accommodate taller antennas. The proposal would exceed the 35-foot height limit by 8 feet 7 inches (43 feet 7 inches overall). The facility will maintain 12 antennas spread across three sectors consistent with the AT&T approval. The applicant's project description is provided as Attachment No. PC 4. Table 2: Verizon Wireless Proposal Sector Direction No. of Antennas Antenna Height Overall Height A Bristol Street 4 6' 437' B Zenith Avenue 4 8' 427' C Bristol Street 4 6' 437' Associated equipment includes 12 RRUs, six surge suppressors, one GPS antenna, and an HVAC unit. Antennas at each sector including associated equipment will be screened from view. Additional support equipment will be located in the building. Sectors A and C include four, 6-foot-tall antennas, four RRUs, and two surge suppressors. Both sectors are located at the roof level on the northerly side (Bristol Street frontage) of the building. A 3-foot by 35-foot screen wall will be installed at each sector and consist of reinforced fiber plastic (RFP), a transparent material that will blend into the existing glass fagade. Screening at each sector will extend to a height of 43 feet 7 inches. 4 Bristol Street Verizon Wireless Telecom Facility Planning Commission, March 3, 2016 Page 4 Sector B includes four, 8-foot-tall antennas, four RRUs, and two surge suppressors. This sector is located at the roof level on the southerly side (Zenith Avenue frontage) of the building. Screening will extend from the base of the building up the fagade and will be painted and textured to match the existing exterior. Screening will extend to an overall height of 42 feet 7 inches. The slight increase in height (3 inches) is a result of the applicant providing a more precise measurement for height, not due to any change in antenna height. Photographic visual simulations depicting the existing and proposed facility are included as Attachment No. PC 5. DISCUSSION General Plan The property is designated General Commercial Office (CO-G) in the Land Use Element of the General Plan, which is intended to provide for administrative, professional, and medical offices with limited accessory, retail, and service uses. Other uses may be permitted consistent with this designation. The proposed telecom facility is an accessory use, serving those working, residing, or visiting the area, consistent with the CO-G land use designation. Specific Plan/Zoning District The subject property is located in the Professional and Administrative Office District (PA) of the Santa Ana Heights Specific Plan (SP-7). This District is intended to provide for the development and maintenance of moderate intensity professional and administrative office uses and related uses on sites with large landscaped open spaces and off-street parking facilities. Accessory uses associated with a principal structure are permitted by right. The proposed facility is accessory to the existing commercial building, consistent with the PA District. Analysis Verizon Wireless proposes a Class 1 (stealth/screened) facility as defined in Chapter 20.49 (Wireless Telecommunications Facilities) of the Zoning Code. Antennas will be mounted to an existing nonresidential building and screened. Associated equipment will also be screened or located in the building. Screening will blend with the building disguising the facility's location. According to the applicant, the facility will serve a roughly half-mile radius surrounding the property. The additional height requested at Sectors A and C is necessary to screen taller antennas (6-foot instead of 4-foot). Verizon Wireless contends the proposal uses the most diminutive antennas capable of providing adequate signal management for the 5 Bristol Street Verizon Wireless Telecom Facility Planning Commission, March 3, 2016 Page 5 latest frequencies. Sector B will use 8-foot tall antennas and remain generally consistent with the AT&T approval. Zoning Code Section 20.49.049 (Telecom Facility Preferences and Prohibited Locations) lists the most preferred to least preferred class of telecom facility as follows: 1) collocation of a new facility at an existing facility; 2) Class 1 (stealth/screened); 3) Class 2 (visible antennas) and Class 3 (public right-of-way); and 4) Class 4 (freestanding structure). Though this site was previously approved for a telecom facility, opportunities to collocate do not exist within 1000 feet of the property. The proposed Class 1 facility is the next preferred facility class and will not be visible. Section 20.90.130 (PA) of the Santa Ana Heights Specific Plan establishes a height limit of 35 feet for properties in the PA District. The existing building measures 40 feet 7 inches tall and is legal non-conforming. The Planning Commission approval granted in 2014 permitted the AT&T facility to extend to a height of 42 feet 4 inches. Verizon Wireless proposes to amend the approval and increase the height to 43 feet 7 inches, exceeding the maximum by 8 feet 7 inches. The Planning Commission may approve a conditional use permit for a telecom facility that exceeds the maximum height (up to a maximum of 15 feet) if the height is necessary to provide service, and there are no adverse impacts to neighboring properties. Specifically, the Planning Commission must make findings in Section 20.52.020 (Conditional Use Permits and Minor Use Permits), and 20.49.060 (Required Findings for Telecom Facilities) of the Municipal Code. Conditional Use Permit Findings: 1. The use is consistent with the General Plan and any applicable specific plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Bristol Street Verizon Wireless Telecom Facility Planning Commission, March 3, 2016 Page 6 Telecom Facilities Findings: 6. The proposed telecom facility is visually compatible with the surrounding neighborhood; 7. The proposed telecom facility complies with height, location and design standards, as provided for in this chapter; 8. An alternative site(s) located further from a residential district, public park or public facility cannot feasibly fulfill the coverage needs fulfilled by the installation at the proposed site; and 9. An alternative plan that would result in a higher preference facility class category for the proposed facility is not available or reasonably feasible and desirable under the circumstances. Increased Height Findings: 10. The increased height will not result in undesirable or abrupt scale changes or relationships being created between the proposed telecom facility and existing adjacent developments or public spaces, and 11.Establishment of the telecom facility at the requested height is necessary to provide service. Staff believes sufficient facts exist to support the Conditional Use Permit as demonstrated in the draft resolution. The proposed facility is consistent with the General Plan and the Santa Ana Heights Specific Plan. The facility is an accessory use and complies with the applicable provisions of the Zoning Code and Municipal Code. The proposed location and design are consistent with Section 20.49.050 (General Development and Design Standards) of the Municipal Code. The facility is a Class 1 (stealth/screened) installation concealed behind screening that will match the existing architectural style, color, and materials of the building. Associated support equipment will be located in the building, out of sight. The additional height requested is limited to screening and will not significantly alter the building's design or scale. The additional screening will not obstruct public views, have a negative visual impact, or result in an abrupt scale change on nearby property owners, residents, and businesses. The screened facility will be approximately 185 feet from the nearest residential property located to the south across Zenith Avenue. The site is not located adjacent to a Coastal View Road or Public View Point as designated in the General Plan. Bristol Street Verizon Wireless Telecom Facility Planning Commission, March 3, 2016 Page 7 Verizon Wireless provided documentation indicating their need to provide and improve coverage in the area (Attachment No. PC 6). The facility will add system capacity to address service gaps. The area is difficult for Verizon Wireless to service because of the limited opportunities to construct telecom facilities. Many properties nearby are in residential districts, which prohibit telecom facilities. The proposal provides the height necessary for Verizon Wireless to meet coverage objectives and improve cellular coverage to nearby areas that are currently underserved. Verizon's radio frequency engineers have indicated that antennas installed at lower heights would interfere with signals and not meet coverage objectives. The location, size, design, and operating characteristics of the proposed facility will not create unusual noise, traffic or other conditions or situations that may be objectionable, detrimental or incompatible with the surrounding land uses. 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. The proposed conditions of approval will further ensure that the telecom facility 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. Alternatives 1. The Planning Commission has the option to alter the proposed design or conditions of approval in order to address any specific concerns. 2. The Planning Commission may deny the subject permit request if facts are uncovered that are contrary to the required findings of approval. Should the Planning Commission determine that the required findings cannot be made, the attached Resolution for Denial (Attachment No. PC 7) is provided to facilitate the denial of the project, and would require additional information or findings that the Planning Commission may deem necessary or warranted. Environmental Review Staff recommends the Planning Commission find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15303 Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because there is no potential to have a significant effect on the environment. 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. The proposed project involves the installation of a telecom facility on the roof on an existing three-story office building. 8 Bristol Street Verizon Wireless Telecom Facility Planning Commission, March 3, 2016 Page 8 Public Notice Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of- way and waterways) including the applicant, and was posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: a n Van Patten, Assistant Planner irejna Wisnes i, ICP, Deputy Director ATTACHMENTS PC 1 Draft Resolution for Approval PC 2 Resolution No. 1947 PC 3 AT&T Approved Plans PC 4 Applicant's Project Description PC 5 Photographic Simulations PC 6 Coverage Maps PC 7 Draft Resolution for Denial PC 8 Project Plans 9 V� QP �P 20 Attachment No. PC 1 Draft Resolution for Approval 11 V� QP �P 2� RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2015-049 FOR A CLASS 1 (STEALTH/SCREENED) TELECOMMUNICATIONS FACILITY THAT EXCEEDS THE 35-FOOT HEIGHT LIMIT BY 8 FEET 7 INCHES AND REPEALING RESOLUTION NO. 1947, LOCATED AT 2350 BRISTOL STREET (PA2015-215) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Verizon Wireless, with respect to property located at 2350 Bristol Street, and legally described as described as Lots 4, 5, 23, and 24 of Tract No. 1499, requesting approval of a conditional use permit. 2. The applicant requests a conditional use permit for a Class 1 (stealth/screened) telecom facility that exceeds the 35-foot height limit by 8 feet 7 inches. The facility will be located on the roof of an existing three-story office building and includes 12 antennas behind architectural screening. Support equipment will be located in the building. The proposed height is 43 feet 7 inches. The height requested is necessary to screen the most diminiutive technology used by Verizon Wireless. 3. On June 5, 2014, the Planning Commission approved Resolution No. 1947 for an AT&T telecom facility that exceeded the 35-foot height limit by 7 feet 4 inches (42 feet 4 inches overall). The applicant's request is 1-foot-3-inches taller than the AT&T approval. 4. The subject property is located within the Professional and Administrative Office District of the Santa Ana Heights Specific Plan (SP-7) Zoning District and the General Plan Land Use Element category is General Commercial Office (CO-G). 5. The subject property is not located within the coastal zone. 6. A public hearing was held March 3, 2016, in the Council Chambers at 100 Civic Center Drive, Newport Beach. 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 Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 3 (New Construction or Conversion of Small Structures). 13 Planning Commission Resolution No. Page 2 of 13 2. 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. 3. The proposed project involves the installation of a telecom facility on the roof of an existing three-story office building. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) and Section 20.49.060 (Required Findings for Telecom Facilities) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Conditional Use Permit FindingsFinding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1 . The subject property is designated General Commercial Office (CO-G) within the Land Use Element of the General Plan, which is intended to provide for administrative, professional, and medical offices with limited accessory, retail, and service uses. Other uses may be permitted in accordance with the CO-G land use designation. 2. The subject property is located in the Professional and Administrative Office District (PA) of the Santa Ana Heights Specific Plan (SP-7), which is intended to provide for the development and maintenance of moderate intensity professional and administrative office uses and related uses on sites with large landscaped open spaces and off-street parking facilities. This district is intended to be located on heavily traveled streets or adjacent to commercial or industrial districts, and may be used to buffer residential areas. 3. The proposed telecom facility is an accessory use, serving those working, residing, or visiting the area, consistent with the CO-G land use designation and Santa Ana Heights Specific Plan. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 10-02-2015 Planning Commission Resolution No. Page 3 of 13 Facts in Support of Finding: 1. Properties not located within a residential, mixed-use, or open space Zoning District permit telecom facilities. The subject property is located in the PA District of the Santa Ana Heights Specific Plan. 2. The proposal is a Class 1 (stealth/screened) telecom facility. Zoning Code Section 20.49.049 (Telecom Facility Preferences and Prohibited Locations) lists the most preferred to least preferred class of telecom facility as follows: 1) collocation of a new facility at an existing facility; 2) Class 1 (stealth/screened); 3) Class 2 (visible antennas) and Class 3 (public right-of-way); and 4) Class 4 (freestanding structure). Though this site was previously approved for a telecom facility, opportunities to collocate do not exist within 1000 feet of the property. The proposed Class 1 facility is the next preferred facility class and will not be visible. 3. The proposed location and design are consistent with Section 20.49.050 (General Development and Design Standards) of the Municipal Code. Proposed screening will match the color, material, and texture of the existing building thereby minimizing any visual impacts. 3. All support equipment will be located in the building or screened from view. 4. The proposed project has been reviewed and will comply with all applicable provisions of the Zoning Code, Municipal Code, and Santa Ana Heights Specific Plan. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The design will be compatible with uses in the vicinity. Antennas will be mounted to an existing nonresidential building and screened. Associated equipment will also be screened or located in the building. Screening will blend with the building disguising the facility's location. 2. Although the telecom facility will be located approximately 185 feet from the nearest residential property, the facility will not be visible, limiting concerns regarding compatibility. 3. The proposed telecom facility will be unmanned, have no impact on the circulation system, and will not generate noise, odor, smoke, or any other adverse impacts to adjacent land uses. 10-02-2015 15 Planning Commission Resolution No. Page 4 of 13 4. The proposed facility will add system capacity to address service gaps to the surrounding area. The installation of the telecom facility will not result in any material changes to the character of the local community. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The site has demonstrated that it is physically suitable to support the existing three- story office building. The addition of a telecom facility will not alter the site's ability to provide public and emergency vehicle access or public services and utilities. 2. The Public Works Department, Building Division, Police Department, and Fire Department have reviewed the proposal and do not have any concerns regarding access, public services, or utilities provided to the existing development. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The proposed facility will only require periodic maintenance and will not generate any noise, odor, smoke, light, or other adverse impact to the environment. 2. 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. 3. The site is not located adjacent to a Coastal View Road or Public View Point as designated in the General Plan. 4. The proposed facility will not result in conditions that are materially detrimental to nearby property owners, residents, and businesses, nor to public health or safety. 10-02-2015 10 Planning Commission Resolution No. Page 5 of 13 Telecom Facilities Findings Finding: F. The proposed telecom facility is visually compatible with the surrounding neighborhood. Facts in Support of Finding: 1. The proposed antennas will be stealth, concealed behind screening that will match the existing architectural style, color and materials of the building. Support equipment will be located in the building and will not be visible. 2. All screening is intended to be architecturally consistent with the existing building design, integrated seamlessly into the building roofline. Finding: G. The proposed telecom facility complies with height, location and design standards, as provided in Chapter 20.49. Facts in Support of Finding: 1. The existing building measures 40 feet 7 inches tall and is located in a zoning district that limits height to 35 feet. The requested height exceeds the maximum by 8 feet 7 inches. 2. The Planning Commission may approve a conditional use permit for a telecom facility that exceeds the maximum height (up to a maximum of 15 feet) if the height is necessary to provide service, and there are no adverse impacts to neighboring properties. 3. The proposed facility is located in a nonresidential district in Santa Ana Heights. 4. The proposed facility is a Class 1 installation as defined in the Zoning Code. The telecom facility is not visible and the support equipment is located in the building. The screening will be painted and textured to match the existing architectural style, color, and materials of the building fagade. Finding: H. An alternative site(s) located further from a residential district, public park or public facility cannot feasibly fulfill the coverage needs fulfilled by the installation at the proposed site. 10-02-2015 17 Planning Commission Resolution No. # Page 6 of 13 Facts in Support of Finding: 1. The applicant has documented that there is a need to provide and improve coverage in Santa Ana Heights and along Highway 73/Bristol Street. The facility will serve a roughly half-mile radius surrounding the property. 2. Other nearby locations that meet Verizon Wireless' coverage objectives were considered, but due to lack of agreement from property owners, were rejected as viable locations. 3. The area is difficult for Verizon Wireless to service because of the limited opportunities to construct telecom facilities. Many properties nearby are in residential districts, which prohibit telecom facilities. The proposal provides the height necessary for Verizon Wireless to meet coverage objectives and improve cellular coverage to nearby areas that are currently underserved. Finding: 1. An alternative plan that would result in a higher preference facility class category for the proposed facility is not available or reasonably feasible and desirable under the circumstances. Facts in support of Finding: 1. Section 20.49.040 of the Municipal Code, lists four preferred telecom locations from the most preferred to the least. Collocation of a facility is the first preference. However, no collocation opportunities exist within 1,000 feet of the search area. 2. The telecom facility is a Class 1 (Stealth/Screened) installation, which is the second preferred location. Increased Height Findings Finding: J. The increased height will not result in undesirable or abrupt scale changes or relationships being created between the proposed telecom facility and existing adjacent developments or public spaces. Facts in Support of Finding: 1. The existing building measures 40 feet 7 inches tall and is legal non-conforming. The Planning Commission approval granted in 2014 permitted an AT&T facility to extend to a height of 42 feet 4 inches. The applicant proposes to amend the approval and increase the height to 43 feet 7 inches. The requested 1-foot-3-inch extension is a marginal increase and will not significantly change the building's size or mass, but rather blend with the existing design. 10-02-2015 12 Planning Commission Resolution No. #### Page 7 of 13 2. The additional height requested will maintain harmony and scale with the surrounding area. The proposed facility will not result in an undesirable relationship with adjacent developments or public spaces. Finding: K. Establishment of the telecom facility at the requested height is necessary to provide service. Facts in Support of Finding: 1. The applicant proposes to use the most efficient and diminutive technology available in order to reduce visual impacts. The 6-foot antennas proposed represent the most diminutive technology capable of providing adequate signal management for the latest frequencies used by Verizon Wireless. 2. The requested increase in height is necessary to completely screen the proposed antennas. Verizon Wireless' radio frequency engineers have indicated that antennas installed at lower heights would interfere with signals and not meet coverage objectives. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2015-049, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. The Planning Commission hereby repeals Resolution No. 1947 for Conditional Use Permit No. UP2014-016 (PA2013-182). 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code. 10-02-2015 19 Planning Commission Resolution No. #### Page 8 of 13 PASSED, APPROVED, AND ADOPTED THIS 3RD DAY OF MARCH, 2016. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Koetting, Secretary 10-02-2015 20 Planning Commission Resolution No. Page 9 of 13 EXHIBIT "A" CONDITIONS OF APPROVAL (Conditions required by Conditional Use Permit No. UP2014-016, Resolution No. 1947, have been incorporated into the conditions herein. New or revised conditions are italicized.) Planning Division 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 telecom facility approved by this Conditional Use Permit supersedes Conditional Use Permit No. UP2014-016. 4. The applicant is required to obtain all applicable permits from the City Building Division and Fire Department. Prior to the issuance of any building, mechanical, and/or electrical permits, architectural drawings and structural design plans shall be submitted to the City of Newport Beach for review and approval by the applicable departments. A copy of these conditions of approval shall be incorporated into the drawings approved for the issuance of permits. 5. The telecom facility 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. 6. 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. 7. Anything not specifically approved by this permit is not permitted and must be addressed in a separate and subsequent telecom permit review. 8. No portion of the global positioning system (GPS) antennas, HVAC, associated equipment, or mounting structures shall protrude beyond the screen walls or be visible. 9. 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. 10. 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 10-02-2015 21 Planning Commission Resolution No. #### Page 10 of 13 frequency range in order to prevent interference with the City's Public Safety radio equipment. 11. 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. 12. The applicant recognizes that the frequencies used by the telecom facility located at 2350 Bristol Street 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). 13. The applicant shall provide a "single point of contact" 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. 14. 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. 15. 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. 16. 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 with the Code Enforcement Division to confirm compliance with this condition. 17. The operator of the telecom facility shall maintain the facility in a manner consistent with the original approval of the facility. 18. At all times, the operator 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 10-02-2015 22 Planning Commission Resolution No. #1##t# Page 11 of 13 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. 19. Prior to final of building permits, the applicant shall schedule an inspection with 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. 20. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the applicant, current property owner, or leasing agent. 21. 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. 22. 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. 23. The City reserves the right and jurisdiction to review and modify any telecom permit approved pursuant to Chapter 20.49 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, 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. 24. 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 20.49 of the NBMC, or this Telecom Permit. 25. This approval shall expire unless exercised within 24 months from the date of approval. 26. 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, 10-02-2015 23 Planning Commission Resolution No. #### Page 12 of 13 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 Bristol Street Verizon Wireless Telecom Facility including, but not limited to UP2015-049 (PA2015-215). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Fire Department 27. Battery electrolyte capacity and the number of proposed batteries for each cabinet/rack must be disclosed. Storage of batteries must comply with California Fire Code Section 608, Stationary Storage Battery Systems. 28. Manufacturers' specifications for any generators will be required with plan review. Generator shall be installed as per manufacturers' specifications, NFPA 110, and the National Electrical Code. 29. Emergency access to the equipment area shall be required. 30. The design of the panel antennas and associated equipment shall be designed to conform to CBC and ASCE 7-10 for wind and seismic connections. 31. A fire extinguisher with a minimum size of 2A20 BC shall be required within 50 feet of the equipment enclosure area. 32. A Fire Plan Review shall be required prior to permit issuance. Public Works Department 33. If any of the existing public improvements surrounding the site are damaged by private work, new concrete sidewalk, curb and gutter, alley/street pavement, and other public improvements will be required by the City at the time of private construction completion. Said determination and the extent of the repair work shall be made at the discretion of the Public Works Inspector. 34. The storage of all project-related equipment during construction shall be on-site and outside the public right-of-way. 35. An approved encroachment permit is required for all work activities within the public right- of-way. 10-02-2015 24 Planning Commission Resolution No. #lam Page 13 of 13 36. 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. 37. The proposed 17 inch by 30 inch hand-hole along Bristol Street shall be located on private property- 10-02-2015 �J� V� QP �P Attachment No. PC 2 Resolution No. 1947 2� V� QP �P �g RESOLUTION NO. 1947 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2014-016 FOR A TELECOMMUNICATIONS FACILITY LOCATED AT 2350 BRISTOL STREET (PA2013-182) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Trillium Consulting on behalf of AT&T Mobility, with respect to property located at 2350 Bristol Street, and legally described as Lots 4, 5, 23, and 24 of Tract No. 1499, requesting approval of a conditional use permit pursuant to Chapter 20.49 of the Newport Beach Municipal Code. 2. The applicant proposes to construct 12 panel antennas behind architectural screening on the rooftop of an existing three-story office building. The proposed support equipment will be screened and housed within an existing utility room on the third floor. 3. The subject property is located within the Professional and Administrative Office District (PA) of the Santa Ana Heights Specific Plan (SP-7) Zoning District and the General Plan Land Use Element category is General Commercial Office (CO-G). 4. The maximum height of buildings in the PA District is 35 feet. The existing building is 40 feet 4 inches high and is legal non-conforming. The requested two-foot height increase would exceed the permitted height limit by 7 feet 4 inches, requiring a conditional use permit. 5. The subject property is not located within the coastal zone. 6. A public hearing was held on June 5, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. 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 Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 3 (New Construction or Conversion of Small Structures). 2. 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. 29 Planning Commission Resolution No. 1947 Page 2 of 11 3. The proposed project involves the installation of 12 panel antennas behind a parapet screen wall on the rooftop of an existing three-story office building and the proposed support equipment within an existing utility room on the third floor. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits), Section 20.49.060.H.1 (Required Findings for Telecom Facilities), and Section 20,49.060.H.2 (Findings to Increase Height) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Conditional Use Permit Findings Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: A-1. The subject property is designated as General Commercial Office (CO-G) within the Land Use Element of the General Plan, which is intended to provide for administrative, professional, and medical offices with limited accessory, retail, and service uses. Other uses may be permitted in accordance with the CO-G land use designation. A-2. The subject property is located in the Professional and Administrative Office District (PA) of the Santa Ana Heights Specific Plan (SP-7), which is intended to provide for the development and maintenance of moderate intensity professional and administrative office uses and related uses on sites with large landscaped open spaces and off-street parking facilities. This district is intended to be located on heavily traveled streets or adjacent to commercial or industrial districts, and may be used to buffer residential areas. A-3. The proposed telecom facility is an auxiliary use, serving consumers and business customers, consistent with the CO-G land use designation and the PA Office Zoning District. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: B-1. Per Chapter 20.49 (Wireless Telecommunication Facilities) of the Municipal Code, telecom facility uses are permitted in commercial zones. The subject property is located in the PA Office District of the Santa Ana Heights Specific Plan, which is intended to serve commercial uses. 30 Planning Commission Resolution No. 1947 Page 3 of 11 B-2. The design of the facility minimizes visual impacts due to the placement of antennas behind screen walls that mimic the existing architectural elements of the building and are architecturally integrated into the structure. B-3. The support equipment for the telecom facility will be placed within an existing room inside the building and screened from view. B-4. The proposed project has been reviewed and will comply with all applicable provisions of the Zoning Code, Municipal Code, and Santa Ana Heights Specific Plan. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: C-1. The installation of the proposed Class 1 (Stealth/Screened) telecom facility is identified as a preferred location and consistent with the design standards specified in Section 20.49.050 of the Municipal Code. C-2. Although the subject site is next to residentially zoned properties, the telecom facility itself would be located approximately 185 feet from the nearest residential property and screened from view within a vertical column element integrated within the overall building design. C-3. The proposed panel antennas would be concealed behind screen walls that will be designed to be integrated seamlessly into the building roofline and the proposed support equipment will be housed inside the building within an existing room on the third floor to provide the least visually intrusive means of providing service. C-4. The proposed telecom facility will be unmanned, have no impact on the circulation system, and will not generate noise, odor, smoke, or any other adverse impacts to adjacent land uses. C-5. The proposed facility will allow commuters and residents within the coverage area wireless access to voice and data transmission services not currently available. The installation of the telecom facility will not result in any material changes to the character of the local community. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. 31 Planning Commission Resolution No. 1947 Page 4 of 11 Facts in Support of Finding: D-1. The project site has demonstrated that it is physically suitable to support the existing development. The addition of rooftop antennas and support equipment within an existing building will not alter the site's ability to provide public and emergency vehicle access or public services and utilities. D-2. The Public Works Department, Building Division, Police Department, and Fire Department have reviewed the project proposal and did not have any concerns regarding access, public services, or utilities provided to the existing development. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: E-1. 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. E-2. 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. E-3. The proposed facility is not located in an area adjacent to a coastal view road or public coastal view point. E-4. As conditioned, the proposed telecommunication facility 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. Telecom Facilities Findings Finding: F. The proposed telecom facility is visually compatible with the surrounding neighborhood. Facts in Support of Finding: F-1. The proposed panel antennas will be stealth and concealed behind screening that will match the existing architectural style, color and materials of the building fagade on which it is mounted and the support equipment will be screened and housed inside the building in an existing room on the third floor. 32 Planning Commission Resolution No. 1947 Page 5 of 11 F-2. The design of the antenna screening elements are intended to appear as architectural tower elements that are integrated seamlessly into the building roofline and architecturally integrated into the building's overall design. Finding: G, The proposed telecom facility complies with height, location and design standards, as provided in Chapter 20.49. Facts in Support of Finding: G-1. The site's maximum structure height is 35 feet and the existing building is 40 feet 4 inches. The requested two-foot height increase would exceed the permitted height limit by 7 feet 4 inches. G-2. Section 20.49.050.C.2 of the Municipal Code allows telecom facilities to extend up to 15 feet above the preceding maximum building height limitations with the approval of a conditional use permit. G-3. As proposed, the telecom facility is a Class 1 installation as defined in the Zoning Code. The telecom facility is fully screened and the support equipment is located inside the existing building. The screening will be painted and textured to match the existing architectural style, color, and materials of the building fagade on which it is mounted. Finding: H. An alternative site(s) located further from a residential district, public park or public facility cannot feasibly fulfill the coverage needs fulfilled by the installation at the proposed site. Facts in Support of Finding: H-1. The applicant has documented that there is a need to provide and improve coverage within the Santa Ana Heights area of the City and along Highway 73/Bristol Street (Attachment No. PC 3). H-2. Other nearby locations that meet AT&T's coverage objectives were considered; however, due to lack of interest from property owners, the sites were rejected as viable locations. H-3. The area is difficult to service because of the limited opportunities in the area to construct telecom facilities. A significant amount of the targeted area for the applicant's search is residentially zoned where the Zoning Ordinance precludes telecommunication facilities. Alternative sites located further away from a residential district would limit the coverage objectives and therefore not fulfill the coverage needs fulfilled by the installation at the proposed site. 33 Planning Commission Resolution No. 1947 Page 6 of 11 Finding: 1. An alternative plan that would result in a higher preference facility class category for the proposed facility is not available or reasonably feasible and desirable under the circumstances. Facts in support of Finding: 1-1. Section 20.49.040 of the Municipal Code, lists four preferred telecom locations from the most preferred to the least. Co-location of a facility is the first preference for facilities; however, no co-location opportunities exist within 1,000 feet of the search area. 1-2. As proposed, the telecom facility is considered a Class 1 (Stealth/Screened) installation, which is the second preferred location. The antennas will be stealth and concealed behind screening that will match the existing architectural style, color, and materials of the building fagade on which it is mounted and the support equipment will be housed inside the existing building. Increased Height Findings Finding: J. The increased height will not result in undesirable or abrupt scale changes or relationships being created between the proposed telecom facility and existing adjacent developments or public spaces. Facts in Support of Finding: J-1. The existing three-story building is 40 feet 4 inches high and is legal non-conforming. The proposed two-foot height extension is less than a two percent increase and will not change the buildings existing size or mass, but rather appear as two architectural tower elements that compliment the buildings existing architectural style. J-2. The proposed facility is designed to be architecturally integrated with the existing building and will not result in an undesirable or abrupt scale change or relationships being created between the proposed telecom facility and existing adjacent developments or public spaces. Finding: K. Establishment of the telecom facility at the requested height is necessary to provide service. 34 Planning Commission Resolution No. 1947 Page 7 of 11 Facts in Support of Finding: K-1. The telecom facility approved under this permit utilizes the most efficient and diminutive available technology in order to minimize the number of facilities and reduce the visual impact. K-2. The requested increase in height is necessary to completely screen the proposed rooftop antennas. Per AT&T's radio frequency RF engineers, antennas installed lower in height would result in signals being blocked and would therefore not meet their coverage objectives. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2014-016, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 51" DAY OF JUNE, 2014. AYES: AMERI, HILLGREN, KRAMER, MYERS, AND TUCKER NOES: NONE ABSTAIN: NONE ABSENT: BROWN AND LAWLER B : H' ren, Chairman BY: Kor Ira redretary 35 Planning Commission Resolution No. 1947 Page 8 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 screen walls. 8. 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. 9. The storage of all project-related equipment during construction shall be on-site and outside the public right-of-way. 10. An approved encroachment permit is required for all work activities within the public right- of-way. 3C Planning Commission Resolution No. 1947 Page 9 of 11 11. 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. 12. The proposed AT&T meter pedestal shall be located on-site. 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. Manufacturers' specifications for any generators will be required with plan review. Generator shall be installed as per manufacturers' specifications, NFPA 110, and the National Electrical Code. 15. Emergency access to the equipment area shall be required. 16. The design of the panel antennas and associated equipment shall be designed to conform to CBC and ASCE 7-10 for wind and seismic connections. 17. A fire extinguisher with a minimum size of 2A20 BC shall be required within 50 feet of the equipment enclosure area. 18. A Fire Plan Review shall be required prior to permit issuance. 19. 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. 20. 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. 21. 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. 22. The applicant recognizes that the frequencies used by the cellular facility located at 2350 Bristol Street are extremely close to the frequencies used by the City of Newport Beach for public safety. This proximity will require extraordinary "comprehensive advanced planning and frequency coordination" engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public-Safety Communications Officials-International, Inc. (APCO), and as endorsed by the Federal Communications Commission (FCC). 23. The applicant shall provide a "single point of contact" 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 S Planning Commission Resolution No. 1947 Page 10 of 11 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. 24. 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. 25. 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. 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 with 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. At all times, the operator 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. 29. Prior to final of building permits, the applicant shall schedule an inspection with 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. 30. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the applicant, current property owner, or leasing agent. 31. The applicant shall ensure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of the applicant to comply. 32. Any operator who intends to abandon or discontinue use of a telecom facility must notify the Planning Division by certified mail no less than 30 days prior to such action. 38 Planning Commission Resolution No. 1947 Page 11 of 11 The operator or property owner shall have 90 days from the date of abandonment or discontinuance to reactivate use of the facility, transfer the rights to use the facility to another operator, or remove the telecom facility and restore the site. 33. The City reserves the right and jurisdiction to review and modify any telecom permit approved pursuant to Chapter 20.49 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, 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. 34. This Telecom Permit may be modified or revoked by the City Council should they determine that the facility or operator has violated any law regulating the telecom facility or has failed to comply with the requirements of Chapter 20.49 of the NBMC, or this Telecom Permit. 35. This approval shall expire unless exercised within 24 months from the date of approval. 36. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the AT&T Bristol Street Telecommunication Facility including, but not limited to UP2014-016 (PA2013-182). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 3J° V� QP �P �o Attachment No. PC 3 AT&T Approved Plans 41 V� QP �P A/E DOCUMENT REVIEJ1 STATUS Status Code ((QQ��((�� 1 pioC°pGe OF Ie Be,1. re a -wan minor or n0_ommen�,wmtmnTon YEN,�� N� 2 A< nlea -PleoSe resowe 1111-111A US IIIC c.....a reva a does not c DOUR, opP,ol til SIM, COST, wmGons, nn°lyse, test Aemods o CateHn�s eevelopea o uselected by the subcontractor and does not relieve bcomrctor from full compliance Obligations. ENG CONST AT&T MOBILITY RGv x+ee E_ SITE NUMBER: 000323B (CLU3153) KRONE3y °ate SITE NAME: 2350 BRISTOL DRAWING INDEX REV. DIRECTIONS PROJECT INFORMATION C AA-OCo323B-To1 Trl SHEET 4 FROM mkT OFFICES 129W PAGE USE EDGE.CERRNOE,G S-OP£OF WORKc THE INSTALLATION OF(N) EQUIPMENT ROOM INSIDE OF(E)BUILDING. I.HEAD TDWARD SHOEMAKER ARE ON PARR PLAZA DR. 163 AT 2.IURN RIGHT ONTO SHOEMAKER AVE.0.1 INSTALLATION OF(6) 4-0-TSL k (4)8'-0'LED PANEL ANTENNAS ON (E) E AA-OCW23&Gt TOPOGRAPHIC SURVEY 0 MA/SOL No RIGHT ONTO 163RD sr.0.1 MI/4.ruary RIGHT DNrD TawNE CENTER DR. 0.1 MI/ awmmc aOo:TDP BEHIND(P) RF TRnrvsPARDM SCREENING. (2a)RRUs, 5T YEN RIGHT ONTO PARK PEPZA OR 344 FT/6TURN SHARP LEFT AND TAKE RAMP ONTO ARIFSIA Ntt (4)OUNCE SUPPRESSORS, (1) GPS ANTENNA AND POWER ANO TELCO FROM (1(1-000323&C-2 TOPOGRAPHIC SURVEY 0 ((q-gf E), 4.4 MI/7TERE THE 5 S/SAMA ANA LOT ONTO SANTA ANA MY(I-5 S). 120 MI/8.TAKE (E)SOURCES WITH(N)LITER INSIDE of(E) UTwtt ROOM.THE REMOVAL EXIT#103/CA-55 6/NEWPORT SPAIN ONTO COSTA MESA NR(CA-a5 S).5.4 MI/P.TAKE Exit OF(1) DOOR AND INSTAWnoN OF(2)DOORS I (N) EQUIPMENT ROOM _ AA-0003233201 SITE PIAN 4 #5A/CA-73 S/SAN DIEGO VIA mu RD ONES SAN JOAQUIN HILLS TRANS CORRIDOR(CA-]3 S). 1 1 MI/ (RASE ARTA M-0003239Z02 ENLARGED SITE PIAN,ANTENNA LAYOUT 8 EQUIPMENT ROOM p BRINGS ER#ffi/IRVINE AVE/CAMPUS DR ONTO BRISTOL ST.O] MI/ 11.YOUF DESTINATION ON BRISTOL FALL ADDRESS. BRISTOL STREET ET 5 IS ON THE RIGHT_ NEWPORT BEACH CA 92660 LAYOUT PRCPERIY OWNER: BRISTOL STREET PARTNERS AA-000323B-Z03 ELEVATIONS a 1 19 ALPHA ND.#110 AA-000323&ZO4 ELEVATIONS 4 DALLAS Te 7524D AA-00032T ANTENNA BOX PIAN AND ELEVATIONS 4 VICINITY MAP CONTACT: TAYLOR FOLDED (949)609-4065 f'E MPLCATED ATkT WIRELESS m 12900 PARK PLAZA PRICE SEES 12STED PA G 90703 PLUS, 0 5 M LDORDwnTES: UPCR DE 33' 32 BOAAC oOQO LONCRUpE 11]' SY lA.ffi^N } pPPL1GATION TPD: CVP B JURISDICTION'. REMOVE BEACH E UNISM,_ EX ADD a39_D2 I-zs PDAn CURRENT USE COMMERCIAL BUILDING P PROPOSED USG'. 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I SECTION seals: 4 3 FRONT VIEW scaee: C.d.1 2 A o 1 2' ]' 318"BPL" 0 r 2' 3' 2350 BRISTOL `��/aLa4LL xllnYt<14u At BOX PLAN coxxsu oestcx uxoul•,LLC000323B(CLU3153) fir_-•/% o�/o./,an ANO ELEVATIONS x nso BRISTOL srmcEr ATSTNLELIN xewul, aoer BlTA s2BBo t - 25136-0525136-05J323B ry205o.xa. 6 5 4 t cm 3 2 MN0.X032% 22,S4T'M Attachment No. PC 4 Applicant's Project Description 51 V� QP �P PLAN cow Telecommunications Project Management February 22, 2016 Peter J. Blied PlanCom, Inc. 250 EI Camino Real, Ste 117 Tustin, CA 92870 City of Newport Beach Sent Via Email to jvanpatten@anewportbeachca.gov c/o Jason Van Patten 100 Civic Center Drive Newport Beach, CA 92658 RE: Resubmittal Letter for CASE# UP 2015-049 amending UP 2014-016 Site Name: VZW "ACACIA" at 2350 Bristol Street, Newport Beach Dear Jason: Per our discussion, here is the revised project description and findings for our requested modification of the previously approved rooftop wireless facility at the address listed above. We are pleased to present this application letter, drawings, photos, and simulations as part of our proposal to modify a previously approved wireless facility. The prior approval for AT&T has been vacated (and was never constructed) and the landlord has agreed to include Verizon Wireless on the property with a nearly identical design for a replacement project. The internal equipment design and antenna locations are all identical to the existing approved design. The only change in our request is an allowance for a height increase of 15 inches to accommodate our Verizon antennas at the sectors that face the Bristol Street and Hwy 73 in place of the approved 4 foot antennas that AT&T was able to accept as functional. The Planning Commission approved a total height of 42'4"and we are requesting approval for a total height of 43'-7". This requested height is to allow for the 6 foot antennas our latest technology demands. This height will incorporate architectural screening that will enhance the architectural scheme presented by the existing facade which consists of a mix of plaster and glass panel sections in a contemporary geometric style. I respectfully request your support and prompt movement of this project forward to the Planning Commission in March 2016. For your consideration, we have included the following: • Revised architectural drawings • Required photo-simulations • Required propagation maps • Draft findings (below) • Letter of explanation (begins below) As mentioned above, the property in question is a commercial office building and in June of 2014 the Planning Commission approved a rooftop wireless communications facility that has never been built. Verizon Wireless has assumed the lease area from the landowner and with their support and consent, we are requesting approval of a modification to the prior CUP approval to allow for an additional 15 inches of height to 250 EL CAMINO REAL, SUITE 117 TUSTIN, CA 92780 714-262-0651 714-731-2166 FAX 53 PLAN cow Telecommunications Project Management reach a maximum height of 43'-7"tall. The findings for the previous project all continue to apply and are contained in the attached resolution of approval. For the benefit of the proposed project, I have drafted only findings and supporting facts uniquely related to the proposed height increase as listed here below. ------------------------------------------------- Finding: G. The proposed telecom facility complies with height, location, and design standards, as provided in Chapter 20.49. Facts in Support: G-1. The site's maximum height for structures is 35 feet and the existing structure is 40'-7"with a previously approved increase in height for a rooftop wireless facility. The current request is for an additional 15 inches in height for a total requested height of 43'-7"for the antenna sectors facing Highway 73 and Bristol Street. G-2. Section 20.49.050.C.2 of the Municipal Code allows for telecom facilities to extend up to 15 feet above the preceding maximum building height limitations with the approval of a conditional use permit. The requested height is 43'-7", 6'-5" below the maximum allowed height of 50'-0"for a telecom facility on this site. G-3. As proposed, the telecom facility will maintain the views and aesthetics of the nearest residential neighbors to the south, southeast, and southwest. The area of requested increased height is facing and visible only Bristol Street and Highway 73 where the proposed architectural projection for screening and antenna concealment is least noticeable. G-4. As proposed, the telecom facility is a Class 1 installation as defined in the Zoning Code. The telecom facility is fully screened and the support equipment is located inside the existing building. The screening will be treated to complement and match the existing architectural style, colors, and materials of the building facade upon which it is mounted. Finding: H. An alternative site(s) located further from a residential district, public park, or public facility cannot feasibly fulfill the coverage needs fulfilled by the installation at the proposed site. Facts in Support: H-1. The applicant has documented that there is a need to provide and improve coverage within the Santa Ana Heights area of the City and along Hwy 73/Bristol Street. H-2. Other nearby locations that meet Verizon Wireless'coverage objectives were considered and pursued. Several site were rejected due to lack of interest from property owners. The applicant has received two prior Zoning approvals in this area that have been unable to be built for various reasons. (TP 2011-014 at 20162 SW Birch and TP 2013-008 at 3100 Irvine Blvd). 250 Er CAMINo REAL, SUITE 117 TUSTIN, CA 92780 714-262-0651 714-731-2166 FAX 5-4- PLANcow Telecommunications Project Management H-3. The area is difficult to service because of the limited opportunities in the area to construct telecom facilities. A significant amount of the targeted area in the applicant's search is residentially zoned where the Zoning Ordinance precludes telecom facilities. Alternative sites located further away from a residential district would limit the coverage objectives and therefore not fulfill the coverage needs fulfilled by the installation of the proposed site. Increased Height Findings Finding: J. The increased height will not result in undesirable or abrupt scale changes or relationships being created between the proposed telecom facility and existing adjacent developments or public spaces. Facts in Support: J-1. The existing three-story building is 40'-7" high and is legal, non-conforming. The last approved CUP granted a height of 42'-4"as part of a new telecom facility. The current Verizon proposal requests less than two additional feet in height for a total requested height of 43'-7". The building will not change in a significant manner and the proposed height increase is only to the angular glass panel screen areas at the northerly facade of the building, away from all residential neighbors. J-2. The proposed facility is designed to be architecturally integrated with the existing building and the previously approved extension. The proposed extension of the glass screen wall will not result in an undesirable or abrupt scale change or relationships being created between the proposed telecom facility and existing adjacent developments or public spaces. Findin : K. Establishment of the telecom facility at the requested height is necessary to provide service. Facts in Support: K-1. The telecom facility proposed under this permit utilizes the most efficient and diminutive available technology in order to minimize the number of facilities and reduce visual impact. The proposed six foot antennas are the smallest antennas capable of providing adequate signal management for the latest frequencies used by Verizon Wireless. K-2. The requested height increase is necessary to fully screen the proposed 6'-0"tall antennas at the two northerly sectors facing Bristol Street and Hwy 73. The southerly facade design allows for the required antennas to be placed into the previously approved architectural projection without any increased height. Verizon's RF Engineers have confirmed that antennas installed at a lower height would result in signals being blocked and would therefore no meet coverage objectives. 250 Er CAMINo REAL, SUITE 117 TUSTIN, CA 92780 714-262-0651 714-731-2166 FAX 6.5 PLAN cow Telecommunications Project Management ---------------------------------------- In summary, the proposed Verizon Wireless site will assume the approval and conditions of the former AT&T facility under CUP 2014-016 with the request to allow the increase in height of 15 inches (total of 43'-Tat the two sectors of antennas facing Bristol Street and Hwy 73. These two sectors are enclosed and screened in place by an angular glass parapet feature and the proposed height increase will be minimal to the casual observer. While the antennas and their support structure are only approximately 15 feet long for each sector, we are proposing the extend the screening a full 35 feet in each direction in order to maintain the architectural integrity of the building as it has been previously approved. It is of importance to note that the building owner is an architect and has approved the proposed design as reasonable and appropriate for not only his property, but also his professional place of business. As designed, there will be no negative impacts, visual or otherwise, to the surrounding area and given the history of site development efforts by Verizon Wireless in this focused area, it may well be the last available option. We request support from City staff and the Planning Commission in that this project represents a reasonable request to modify an unbuilt wireless facility approval on a commercial building. The project design is appropriately scaled and designed to blend unobtrusively into the community while enhancing wireless voice and data services and bolstering the E-911 network along a very busy commuter corridor. It should be noted that while an 8 foot panel antenna is greatly preferred, these are only proposed on the rear of the building where they can be fully concealed and not require any height increase. A 6 foot panel antenna has been selected for the other two antenna sectors in order to preserve the architectural integrity of the building and limit any potential visual impacts. If you should have any questions, please call me at (714) 262-0651 or e-mail at peter.blied@plancominc.com. As always, thank you for your time and consideration. Warmest Regards, /� e/ d Peter 1. Blied Sr. Project Manager PlanCom, Inc. For Verizon Wireless 250 EL CAMINO REAL, SUITE 117 TUSTIN, CA 92780 714-262-0651 714-731-2166 FAX 150 Attachment No. PC 5 Photographic Simulations V� QP �P �g Acacia 2350 Bristol Street Newport Beach, CA 92660 verizon� Sector B i 1/6/2016 Acacia 2350 Bristol Street Newport Beach, CA 92660 verizon-1 Sector B Proposed antennas, RRUs and surge supressors mounted behind proposed RF transparent screening finished to match existing building Proposed columns finished to match existing building Proposed emergency generator receptacle . r t These simulations are intended for graphical purposes only and not intended to be part of or to replace the Information provitletl an[he construction dawings / I r 1/6/2016 Photosimulation of proposed telecommunications site: Looking Northeast towards subject site Sector lk 1/6/2016 l r T r , EXISTING Acacia 2350 Bristol Street Newport Beach, CA 92660 verizon-1 Sector B Proposed antennas, RRUs and surge supressors mounted behind proposed RF transparent screening finished to match existing building a_ a -per '•f., ,: e y These simulations are intended for graphical purposes only and not Intended to be part of or to replace the Information provided on the construction drawings / • / 1/6/2016 hotosimulation of proposed telecommunications site: Looking Northwest from Zenith Ave. to war s site Acacia 2350 Bristol Street Newport Beach, CA 92660 verizon� Sector C � r 0- 0 i a 1 ixt i � t 1/6/2016 Acacia 2350 Bristol Street Newport Beach, CA 92660 verizon-1 Sector C Proposed antennas, RRUs and surge supressors mounted behind proposed RF transparent screening finished to match existing building I a 8� s Y a ixt These simulations are intended for graphical purposes only and not Intended to be part of or to replace the Information provided on the construction drawings ( u 1/6/2016 Photosimulation of proposed telecommunications site: Looking South from Bristol Ave. towar s site Acada 2350 Bristol Street Newport verizonv ;•�"'l.�. z 6.'.� Al _ _ '`cam' , -XISTING Acacia 2350 Bristol Street Newport Beach, CA 92660 verizon-1 Sector A 1 Proposed antennas, RRUs and surge supressors mounted behind proposed RF transparent screening finished to match existing building YOUR „ UR ;i CORE 7Nq 37j 9 41 Gp: Vii. T �, yr 1f S t 4 � These simulations are intended for graphical purposes only and not intended to be part of or to replace the Information provided on the construction dawings 1/6/2016 P otosimulation of proposed telecommunications site: Looking West from Bristol Ave. towards site Attachment No. PC 6 Coverage Maps 07 V� QP �P �g Surrounding On -Air Sites -tar,o.y�F.r1-M., n -0000) Irvtnc ` dAo 68 SKY K (STA 00) ]q - CP 3 AIR A-0C �p1z/ENETO(STA-0000) i.F11� •f Rg STA-DOW)8IRE 'ON TA-000Q� �5VJWVARD(STA-0000) 'SFr 90 MESA VERDE( eTA0000?)�Ip R0 .VINE RETAIL STORE (STA-0000) CF D SSCHOOLCOLT38DUPdNft'(STA-0000) 'Od> o AIWAMP C0 DR OC(STA-;e sta = es a 193 FAIR S(STA-0000) F'_n valr Dr �D+��. �.�s+o 235 AMBdPqE(STA-0000) ar, ti 527BACKBAY(STA-0000) -- o - Vic t°riast �CJ28NEWPOF �TA-0000) tiv viffi ',�' ul s 15 .CE STA-0000 a ory, rpr r n'If:.IE ''e�li ar i?wp z•rt � • 9U TE�i�2�WA-0000) ��Q524 61SON(STA-0000) W 17th St a'+ a F � s+ OBIG CYN(STA-0000) 50 UCI (STA-0000) R c 6Vic* a °p Newport 4 s;hnn r R+� Death 'FIsly�d o� r'7w San }} a "1'Z--__ "9 Joaquiny' HIIIS A Confidential and proprietary materials for authorized Verizon personnel and outside agencies only.Use,disclosure or distrihuton of this material is not permitted to any unauthorized persons or third parties except by written agreement. � Acacia Only ° ! Irvine 16 Mesa Va'de :iQL h:, • r .. •',�/�, / Counln;CluL •. :�. ! •fig ':Ora fir— .74 > J y. M C0111 a - ry' . �• 4 F,ir.O Pl ori Y --vret - -.. •�"S' •.1+f '1 'lift'. vffl 4, _1917th St P� '� y •I i r '� 1 r { . pi Y• F 1i' " . 1A � 9g Can" 4 - ' iI Co u rftrW .. 0.. Newport h.n v '.t G4176 '$o Beach i3lmtl - R • OKAY b 3 WORST Confidential and proprietary malenals for authorized Venzon personnel and outside agencies only.Use,disclosure or distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. 2 Existing Verizon Coverage % i G8 SKY K(STA-9900) .'-•j-•._'. 5 AIR STA-00 ( ) 1 VENETO(STA-0000) 7$QUAFSTA-0000 3 RE ON TA-0000) ) _ 7 RVARD(STA-0000) ..1 . 25 VON MA o , 290 MESA VERDE(STA-000000}}} RPO IRVINE RETAIL STORE(STA 0000) ' C FAIR DAVIS SCHOOL COLT _TA-0000) DUPONT(STA-0000)' - 11,T- MP COL T- MAR OC(STAOt i.r U0193FAIRQfDS(STA-0000) j jF+r, r v P .1 235 JAMBOREE(STA 0000) ` T- -^V- I ��!�� : ,�/r-t �'..'. r fib d'ts +��Px h5; r•:. I - - \ ' ✓ 527 BAC KBAY(STA-0000) 1*52 8NEWPOR Y,&W1 TA-0000) •" �'� :- .. `^' 15U dW? CE(STA-0000) J '�177T911'arY { ; )U TPFIC� (gWA0000) u: ti K .�Q524 BISON(STA-0000) IF iL V�290 BIG CYN(STA0000) P500) 50 UCI(STA-00 JF -1Z 19 6% Newport GOOD rR • _ v b OKAY Confidential and proprietary materials for authorized Venzon personnel and outside agencies only.Use.disclosure or distribution of this material is not permitted to any unauthorized persons or third parties except by wntten agreement. 3 Proposed Verizon Coverage i .1.FI�� 0000) SKY K(STA- 0) } -00 / Ol VENETO(STA 0000) 3RF1}�JON TA0000) Z6 QUA TA-0000) \ /�,�25 VO V 7�MRVARD(STA-0000) 1 90 MESAVERDE(STA-000 `-� 1. RP011 ")IRVINE RETAIL STORE(STA 0000) C FAIR DAVIS SCHOOL COLT TA-0000) 38DUPONT(STA-0000) &AIR AMP COL�dkQSL��tAR OC(STA-O�j'�! - , DS(STA-0000) F P 1 f� G� 235 JAMBOREE(STA 0000) All 16 ACIA(STA-BARE) 527 BACKBAY(STA 0000) _�y- r"I•� 1. .- .. 19528 NEWPORT Y, S( W%TA-0000) 15 U .7 `"'�J 1 B�1M CE(STA-.l3 V4 BISON (STA-0000) BIG CYN(STA-0000) al 50 UCI(STA-0000) . 'l' •fir` .0. � @ f'�y V �IYr. • ,�`. r ..� 01 New PBea ht., `d s. S; 'I ' y .. GOOD OKAY FL WORST Confidential and proprietary materials for authorized Venzon personnel and outside agencies only.Use.disclosure or distribution of this material is not permitted to any unauthorized persons or third parties except by wntten agreement. 4 Attachment No. PC 7 Draft Resolution for Denial 73 V� QP �P RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING CONDITIONAL USE PERMIT NO. UP2015-049 FOR A CLASS 1 (STEALTH/SCREENED) TELECOMMUNICATIONS FACILITY THAT EXCEEDS THE 35-FOOT HEIGHT LIMIT BY 8 FEET 7 INCHES, LOCATED AT 2350 BRISTOL STREET (PA2015-215) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Verizon Wireless, with respect to property located at 2350 Bristol Street, and legally described as described as Lots 4, 5, 23, and 24 of Tract No. 1499, requesting approval of a conditional use permit. 2. The applicant requests a conditional use permit for a Class 1 (stealth/screened) telecom facility that exceeds the 35-foot height limit by 8 fe t 7 inches. The facility will be located on the roof of an existing three-story office building and includes 12 antennas behind architectural screening. Support equipment will be located in the building. The proposed height is 43 feet 7 inches. The height requested is necessary to screen the most diminiutive technology used by Verizon Wireless. 3. On June 5, 2014, the Planning Commission approved Resolution No. 1947 for an AT&T telecom facility that exceeded the 35-foot height limit by 7 feet 4 inches (42 feet 4 inches overall). The applicant's request is 1-foot-3-inches taller than the AT&T approval. 4. The subject property is located within the Professional and Administrative Office District of the Santa Ana Heights Specific Plan (SP-7) Zoning District and the General Plan Land Use Element category is General Commercial Office (CO-G). 5. The subject property is not located within the coastal zone. 6. A public hearing was held March 3, 2016, in the Council Chambers at 100 Civic Center Drive, Newport Beach. 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 Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. Pursuant to Section 15270 of the California Environmental Quality Act ("CEQA") Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. 715 Planning Commission Resolution No. #### Page 2 of 2 SECTION 3. REQUIRED FINDINGS. The Planning Commission may approve a conditional use permit only after making each of the required findings set forth in Section 20.52.020 (Conditional Use Permits and Minor Use Permits). In this case, the Planning Commission was unable to make the required findings based upon the following: 1. The Conditional Use Permit for a telecom facility that exceeds the height limit is not consistent with the legislative intent of Title 20 of the Municipal Code or the Santa Ana Heights Specific Plan. Therefore, the findings required by Section 20.52.020 cannot be supported. The proposed project may prove detrimental to the community. 2. The design, location, size, and operating characteristics of the use are not compatible with the allowed uses in the vicinity. The proposed project will constitute a hazard to persons in the neighborhood and is not compatible„ ith the existing residential and nonresidential uses in the area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit No. UP2015-049. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 3RD DAY OF MARCH, 2016. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Koetting, Secretary 70 Attachment No. PC 8 Project Plans 77 V� QP �P �g PA2015-215 ATTACHMENT PC 8 - PROJECT PLANS ISSUE STATUS REV DATE DESCRIPTION BY 0 0125115 90%ZONING SA 1"1115 TOM CONING SA will, ion ZONING ON 3 11NW15 10M 2MING ON 4 1==/15 HIM ZONING xL ■ 5 01"5'16 10V%ZONING HL INFINIGY9a,�:verizonN' ; 2G<55 RANCHO PHAY OAWDSOUTH GOOD,'oGB'MFSV' FAX Rlewl7W-NSa ACACIA TPROPRIETARV INFORMTTEINFERMARE ATIO VERDON W RELESS MTX55 / BSC20 AREA CESURE"R sTs� "w EI e, T INDOOR MCE DESIGN CRA OVEMLL HMGHTPER,-A 2350 BRISTOL STREET LETTER=ASA FEET NEWPORT BEACH, CA 92660 s PROJECT TEAM PROJECT DESCRIPTION PROJECT SUMMARY SHEET DESCRIPTION REV O w THIS PROJECTISAVERIM.IRELESS UNMANNEOTELECOMMUHICATION WIRELESS FACILITY,IT WILL CONSIST OF ME FOLLOWING: APPLILANTILESSEE ASSESSOR'S PARCEL NUMBER TYLE.GENERAL COMMENTS 5 Q m SUEACQUISITION PLANNING T-' z PAN'.039L21=L Q PLANCOM.INC PtgNCOM,INC INSTALLATION OF(3)MCE EOVIPMENTepCRa INSIDE OF{N)EQUIPMENT ROOM IN(E) varhow G1 TOPOGRAPHIC SURVEY 5 0 6 ACT EL 50 CAMINO REAL.SUITE 11] 2EL CPM IND REAL'SVNEII] WILDING Z TUSTIN,CARSIM TUSTIN,=780 INSTALLATION OF(4)0'TKL6(0)6TELL PANEL ANTENNAS(12ANTENNASTOTAy ANO(12) 15505SANOCANYOx AVENUE,D1G2 TOPOGRAPHIC SURVEY 5 RC U. CONTACT:ERIC MEURS CONTACT:ERIC MEURS RFG%ON(ST RWFTOP BEHIND NEW ANTENNA SCREENING. IEVEWCA92610 IRS)no (919)3705939 INSTPllATION OF FRP BCPEEN TO MATCH(E)BUILDING OFFICE'.GEE)286-70A Z enumeurs®plawmlrc.com erc.maure®planmminc¢m INSTALLATION OF(6)SURGE SUPPRESSORS ON IN F...BEHIND NEW ANTENNA A-1 SHE PLAN 5 Q SCREENING. fn INST&IATION OF ONE NVAC UNIT ON THE ROOFTOP EFFINO(E)SCREENING APPLICANTS REPRESENTATIVE A-2 ENLARGED SITE PLAN sDO • FLOOR NDTELCO RUNG FROM(E)POC.T01P)VERIZON EOUIPMENTRWMON 3RD VERIZON FLOOR 1IJIL.L Np IST ONAVE FLOOR PROFESSIONAL ENGINEER: SURVEYOR: IRVINE C D1LEFLoaR Aa DEMON PWJ,PROPOSED EQUIPMENT ROOM 6AMENNAs uvoLlT 5 INFINIGY 31MBERTAJR2E IRVINE,T 92610 .FF.NCHO PARKWAY SOUTH, CUSTA MESA CA RMTE KI CONTACT:LINH NGUYEN Ai ELEVATIONS 5 IAKEFOREST CA"S" COFEPHCNA,CA92P-1 IInM1.neWa^�"amc^'MLalea.am CONTgGRINC LONNELL TELEPHONE(]19)55]-156] pd ELEVATONB 5 (949)] PROPERTY OWNER: Ownml�iLHiIONFNNBy.com VICINITY MAP BRISTOLBTREET PARTNERS q5 ANTENNA SCREENING TtiV1 AND ElEVATp'A4 5 5330AS TV 524D 0 p JOHN COM DALLAS FRIEND MNAiECWNT( TAYLOR FgIENO %I NI&fAQi (999)0094085 PROPERTY INFORMATION: SITENEME. ACACIA BITE ADDRESS: 2CRIBELSTOLSTREETNEWPORT BEACH.CA XHEA JURISDICTION CITYOFNEWPOFTBE ACH ARUNLTON DR. 73 & CONSTRUCTION INFORMATION $VMA W COUNTRY AREA OF CONSTRUCTION IBRED FT 55 CLUB ` OCCUPANCY. B TYPE OF CONSTRUCTION'. V.B J CVRREMZONING SANTA ANA HEIGHTS SPECIFIC PLAIT(SR]) Yp AOACOMPLIANCE FACILITY IS UNMANNED AND NOT FOR HUMAN RADIATION, IID F6O MALMINERV SPACES ARE EXEMPT FROM ALCEBSIBILRY (O SITEREOVIREMENTS PER ME CBC SECTION 1HHEMS 5 w VERIZON WIRELESS SIGNATURE BLOCK 9�. �' Q W U DISCIPLINE'. SIGNATURE OgiE. ,rS� p q U) REVENDOR: CSD 0 U ASE VENDOR: N TTO SCALE T DO NOT SCALE GENERAL CONTRACTOR NOTES Q � W U ® ASE COORDINATOR: CONTRACTOR BHPIL VERIFY ALL PLANSANDEYISTING DIMENSIONS AND CONDITIONSONTHEJOB Q co DRIVING DIRECTIONS SIM AND sx MME wELrWHEYTHEARCxIECIINWRIINGOFANYDISCREPANCIESBEFORE ZONING DRAWINGS o 0 g PROCEEDING WITH THE WORK OR BE RESPONSIBLE FOR IRE SAME. a e MLRYVENOOR: FROM:VEREON OFFICE LID 2350 BRISTOLSMEET [") NEWPORTSEACHCARCAV (A >W HE 1.DEPART VENISON W WELESS CORPORATE OFFICE Z B 15915 RANG LPNVQY AVENUE,IRVINE,G 9ffi10IS NDARGROUNOFA OF PARTICLPANT9 y TVNEEROROUNO FACILTI'IEBBFFME b HE CODE COMPLIANCE YEN DIE IN CALIF'ow�NIAA{BDUITICALL SHEET TITLE a cEr ON w9sx R 2 MIN(t t MI) TOLL FREE:11 EC62P]-2800 OR k GE 3.CONTINUED"4905 N..DRIVE TO BE BRISTOL ST.TAKE SKIT IF FROM CA-]35 2013 CP11FORNIA ENERGY CODE • 20 t3 CAL IFORNAMECXMICAL CODE VEV.Op,51Brt.gQ TITLE SHEET A OMI"(/.9MI) 2013 CALIFORNIA BUILDING CODE 2013 GIF RNIAPLLMBINGCODE { EE: 20t3CAFFORNIA ELECTRIGALCOSE SHELTER IS STATE OF CALIFORNIA EREOD RES rvAOn 3E O.MERGE ONTO SESRISTOL ST.CESTRATION WILL BE ONI ME RIGH 2013CAUFORNIA M RE CODE APPROVED AND INSPECTED.NOT FOR Knawwhar:below. ORKING DAYS NOTICE a 2013 CALIFORNIA GREEN BUILDING LODE LOCAL INSPECTION. Call before YOU f((8. BEFOREVOUExcAVATE TRANSPORT'. 9T-1 IL L �9 P S verizonv -:;ANO CANYON AVE, 'D' 1st FLOOR RINE, CA 92618 �O PREPARED BYI SGLB 1" = 20' T HAN-8 30' P 10' ID' fU' A N G n„ n 1 . . I N a BASIS of BEARINGS: LAND SURVEYING & MAPPING BRISTOL STREET THE CENTERLINE OF ZENITH AVENUE BEING SOUTH 50'11'40 FACT 3188 AIRWAY AVENUE, SUITE K1 N50-1140"1 1 1 - - PER TRACT N0. 1499, M . 44/4], REODRDS OF ORANGE COUNT COSTA MESA, CALIFORNIA 92626 714 55OFFICE SEE SHEET C-2 714 55]-157-15656 8 FAX FOR DETAIL "A' I ASSESSOR'S IDENTIFICATION: JN. 706.253 < ORANGE COUNTY A.P.N. 439-021-25 1 10/08/15 ISSUED FOR REVIEW JA `DRIVEWAY, N501140"W 130.00' 'SIDEWALK, AREA: EN y o BLOCK WALL k�a � I ® [ 1� 0703 ACRES PER CALCULATION AS'.N4 moi' BENCH MARK REFERENCE: GEODETIC U.S.G.D BENCH MARK 'BM 51" COORDINATE m 1Do LOCATION UNITED STATES GEOLOGICAL SURVEY BENCH MARK "BM fit" E\j o (vl ltd AS SHOWN ON THE "TUSTIN"7.5 MINUTE QUADRANGLE MAP. 'Y LEGEND: S, m❑ EL ATION� 63.5 FEET AM SL (NAVD66) (DATUM VERIFIED O Q44 �� y IN FIELD TO BE WITHIN 1-A ACCURACY STANDARDS) AC ASPHALT CONCRETE ALL AIR CONDITIONING UNIT BTM BOTTOM BW BACK OF WALK D Z i ❑ - - FV-l)ET!CEL kJNO,�. 0-12E7 TITLE REPORT IDENTIFICATION: CDT cpupmT tt a p, F.AA-. 1» / J CPD CONCRETE PAD (PENDING RECEIPT OF TITLE REPORT) OR DECK D DIAMETER DR DOOR BLOCK WALL- MIX ELECTRICAL BOX PCPs. LAY EASEMENT NOTES: SOS EDGE a CONCRETE _ EVLT ELECTRICAL VAULT We ? o (PENDING RECEIPT OF TILE REPORT) ED FOUND NSPIY4p'W q `EXISTING BUILDING, ,b b y FF HNISHED FLOOR 15.oD' '� PJ-1RCr j Z EHHRE HYDRANT FS HNISHED SURFACE _ _ _ _ AP.N.439-021-24 Q GL GUIIER LIP 1 w Gv GAS All V A, LEGAL DESCRIPTION: HOP HANDICAP PARKING IN INCHES = a (PENDING RECEIPT OF TITLE REPORT) IEFW INSIDE FACE OF WALL _ p�('� 1 I THOSE PORTIONS OF LOTS 4 AND 5, AND ALL OF LOTS 23 NO NATURAL GROUND TF<1G r �� -�iJJ L 1 �I-- AND 24 OF TRALi N0. 1499. 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(P)VTARON WIRELESS L__—________ ENEFGENCY GENERATOR E)P-i'iALL PUMG9 RNAATION PROPRIETARY INFO ) MCETNAE 0 GUl1E IkVIl WALL LJ �. oagwirvc vEarzory rvlrz[LF.cs wTo r \ INTuamRoscrosu:¢ssmlm vPxXMeInOTE:. ry o G _ ________ __ _ I (Ej PLUNFA. I I C D E GF WERMUNG(P) (P)G11Y CCWNNS TO BE STUCCO FIWST,TOUTED AND COLORED TO MARCH(E)BUIUMrIG WALLIN". E)CONCRETE CURB ui z I O > m 2 S (E)21'ANE UNDERGROUND-1 WNW � z m MEIIFIR 0 } U �— Z 6 W U 5'a' z � � (E)PLANTER ti ANTENNAS SCREENING PLAN VIEW SCALE: ow (P) STUCC WWELE55 ffREENING TO BE STUCCO FINISH A40 PNNTEO TO MATCH(E)WILDING COMB (P)TROY, T COLUMNS i0 BE BNCCO MSX,TEMMH Ni0 mNG W TO M4TCN(EJ BUIIIMNG WNL ( 5H�lIXNRFONAND COLORED N BATCH(E)ELI W0.- o j j j m wm Q ui U ® (E)rtoOR To GANNON ACCESS C) Q 0 Q (q KRRM MRWEEES / (P)KNOB YARELESS EMERGENCY GENERATOR (E)RANTER wALL W EMERGENCY GENERATOR MCMACUE U (_n co 38 RECEPMCUE u ar tl m 7 EL W E Z SHEET TITLE: T ANTENNA SCREEN PLAN � AND ELEVATIONS SCALE: ® SCALE: SECTION 0 T' z' 3' 3 ELEVATION ^=r-0^ o r z' a' 2 A-6 g� Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - March 3, 2016 Importance: High PLANNING COMMISSION — MARCH 3, 2016 ITEM NO. 2a: ADDITIONAL MATERIALS RECEIVED BRISTOL STREET VERIZON WIRELESS TELECOM FACILITY - PA2015-215 From: Peter Blied (mailto:Peter.blied@plancominc.com] Sent: Thursday, March 03, 2016 3:55 PM To: Van Patten, Jason Cc: Peter Blied; Jim Heinrich; Eric Meurs Subject: VZW Acacia - Case #PA2015-215 - request for continuance Importance: High Hl Jason, Our Verizon legal counsel has not yet given us the green light to accept the proposed Conditions of Approval and we must unfortunately request a continuance to the next available hearing date. We believe this will be on March 17, but please confirm as you are able. We will attend the meeting tonightjust to make sure that the PC accepts our request. Thanks and please accept our apologies for the short notice. Warmest Regards, Peter J. Blied Sr. Project Manager 714.262.0651 Flancom, Inc. Wireless Project Management peter.blied@plancominc.com For Verizon Wireless 1