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TELECOM PERMIT NO. TP2007-006 (PA2007-098) |
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Planning Department |
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(949) 644-3200; FAX (949) 644-3229 |
Staff Person: |
Janet Johnson Brown (949) 644-3236 |
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August 29, 2007
Verizon
Wireless
627
North Main Street
Orange, CA 92868
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APPLICATION: |
Telecom
Permit No. TP2007-006 (PA2007-098) |
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APPLICANT: |
Verizon Wireless |
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LOCATION: |
1204
[CS] East Coast Highway |
PROJECT REQUEST
AND DESCRIPTION
Verizon Wireless requests to install a wireless telecom facility on a streetlight pole (identified
as SLC 5059) located in the public right-of-way on the north side of East Coast
Highway, south of the intersection with Jamboree Road.
The project includes the replacement of
an existing streetlight pole in the same location with a new streetlight pole
which will closely match the existing streetlight pole and will accommodate two
panel antennas that will be flush mounted and painted to match the pole. A Global Positioning System (GPS) antenna
will be attached to the pole behind the panel antennas. The support equipment will be placed in a
below-grade vault, also located in the public right-of-way.
DIRECTOR’S ACTION: Approved with Conditions –
August 29, 2007
In approving
this application, the
The Planning
Director determined in this case that the proposed wireless telecommunications
facility (“telecom facility”) meets the provisions of Chapter 15.70. Existing streetlight poles are a priority
location for telecom facilities, the antennas will be painted to match the color and texture of the replacement streetlight pole
and will be closely mounted to the pole to limit their visibility. The base support equipment cabinets will be located
in a new below-grade vault in the public right-of-way and will comply with the
provisions of Title 13 of the NBMC.
TELECOMMUNICATIONS LICENSE AGREEMENT
In
conjunction with this telecom permit, the applicant is required to enter into a
Telecommunications License agreement with the City of
ENCROACHMENT PERMIT
An encroachment
permit issued and approved by the Public Works Department shall be required to
allow installation and construction of the project in the public right-of-way
and replacement of the City-owned streetlight pole.
APPEAL PERIOD
The applicant
may appeal any denial of the application or any conditions of approval to the
City Council within 14 days of the date of written notification of action by
the Planning Director. The City
Council’s action on appeals shall be final. Any appeal filed shall be accompanied
by a filing fee of $340.00.
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On
behalf of David Lepo, Planning Director |
By
_____________________________
Janet Johnson Brown
Assistant Planner
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Attachments: |
Vicinity
Map Findings
and Conditions of Approval |
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VICINITY MAP
1204 [CS] East Coast Highway
Telecommunication Permit No. 2007-006
(PA2007-098)
FINDINGS AND
CONDITIONS OF APPROVAL
TP2007-006 (PA2007-098)
FINDINGS
1.
The telecommunications facility as proposed meets the
intent of Chapter 15.70 of the Newport Beach Municipal Code (NBMC), while
ensuring public safety, reducing the visual effects of telecom equipment on
public streetscapes, protecting scenic ocean and coastal views, and otherwise
mitigating the impacts of such facilities for the following reasons:
·
The proposed telecom facility will not be detrimental to
public health or safety because it is required to comply with the applicable
rules, regulations and standards of the Federal Communications Commission (FCC)
and the California Public Utilities Commission (CPUC).
·
The telecom facility will be located in the public
right-of-way on a City-owned streetlight pole. Any future facility proposed to
be located in the vicinity shall be a minimum of 1,000 feet from the facility
approved by this permit so as to limit the adverse visual effects of
proliferation of facilities in the City.
·
Due to the design and location of the antennas on the
new streetlight pole and the location of the support equipment in a below-grade
vault, impact to public views is minimized.
2.
The telecommunications facility as proposed conforms to
the technology, height, location and design standards for the following
reasons:
·
The antennas for the telecom facility approved by this permit
will be closely mounted to the streetlight pole and will be painted to match
the color and texture of the streetlight pole on which they are mounted.
·
The support equipment cabinet for the telecom facility
will be placed in a new below-grade vault located in a City parkway in the
public right-of-way.
·
The below-grade support equipment and above-grade
electrical meter pedestals located in the public right-of-way will comply with
the provisions of Title 13 of the NBMC and with all requirements of the American’s
with Disabilities Act (ADA).
3.
This project has been reviewed, and it has been
determined that it is categorically exempt from the requirements of the
California Environmental Quality Act under Class 3 (New Construction or Conversion of Small
Structures) because the existing streetlight pole is being reconstructed and
slightly modified to accommodate the attachment of the antennas.
CONDITIONS
1.
The development shall be in substantial conformance with
the approved plot plan, antenna and equipment plans, and elevations, except as
noted in the following conditions.
2.
Anything
not specifically approved by this Telecom Permit is not permitted and must be addressed
in a separate and subsequent Telecom Permit review.
3.
The
telecom facility approved by this permit shall comply with all applicable
rules, regulations and standards of the Federal Communications Commission (FCC)
and the California Public Utilities Commission (CPUC).
4.
The
applicant shall enter into a Telecommunications License Agreement with the City
of
5.
Prior
to commencement of construction of the telecom facility, the applicant shall
obtain approval of an encroachment permit issued by the Public Works
Department. Structural plans and calculations of the modified streetlight and
foundation shall be submitted to the City of Newport Beach for review and
approval by the Public Works, Utilities and General Services Departments. A
copy of this approval letter shall be incorporated into the drawings approved
for the issuance of the encroachment permit.
6.
The
telecom facility shall comply with all regulations and requirements of Chapter
13 of the Newport Beach Municipal Code, the Americans with Disabilities Act
(ADA), as well as the Uniform
7.
Traffic
control plans shall be prepared for the removal of the existing streetlight
pole and installation of the new streetlight pole and appurtenant components of
the telecom facility and submitted as part of the encroachment permit
application. The traffic control plans shall be prepared by a
8.
All
private and City-owned landscaping and irrigation damaged or disturbed during
the course of construction shall be restored to the satisfaction of the General
Services Department and guaranteed for one (1) year unless otherwise noted by
the City. The applicant shall work with the General Service Department to
redirect/relocate any portion of the existing irrigation system.
9.
The
replacement streetlight pole shall match the design, color, style, height and
location of the existing streetlight pole to be removed and replaced, and shall
comply with City Standards to the satisfaction of the Utilities Department.
10.
The
existing streetlight pole shall be salvaged and delivered to the City of Newport
Beach Utilities Department located at
11.
The
two panel antennas shall be flush mounted to the exterior of the streetlight
pole and a single GPS antenna shall be attached to the pole as depicted on the
plans approved with this telecom permit. In no case shall the panel antennas or
GPS antenna exceed the dimensions depicted on the plans approved by this
telecom permit.
12.
The
panel antennas shall be painted to match the color and texture of the streetlight
pole. Any other components of the telecom facility to be installed on the
streetlight pole shall be fully concealed within the pole.
13.
Appropriate
information radio frequency warning signs or stickers shall be applied to the
new streetlight pole at a location specified by the Utilities Department. In
addition, contact information (e.g. a telephone number) shall be provided on a
warning sign or plate at the access to the vault. The location of the
information warning signs, stickers or plates shall be depicted on the plans
submitted for construction permits.
14.
No
advertising signage or identifying logos shall be displayed on the telecom
facility except for small identification, address, warning and similar
information plates. A detail of the information plates depicting the
language on the plate shall be included in the plans submitted for issuance of
building permits.
15.
The
support equipment cabinet shall be placed in a new underground vault in the
public right-of-way on
16.
The
facility shall transmit at a frequency range of 880.65 to 889.98 MHz and 891.51
to 893.97 MHz, and shall receive at a frequency range of 1886.25 to 1888.75 and
1901.25 to 1903.75 MHz. Any change or alteration to the frequency range shall
require the prior review and approval of the Planning Director.
17.
Prior
to the issuance of any permits to install the facility, the applicant shall
meet in good faith to coordinate the use of frequencies and equipment with the
Communications Division of the Orange County Sheriff-Coroner Department to
minimize, to the greatest extent possible, any interference with the public
Safety 800 MHz Countywide Coordinated Communications System (CCCS). Similar
consideration shall be given to any other existing or proposed wireless
communications facility that may be located on the subject property. The
applicant shall provide the Planning Department with documentation from the
OCSCD that the meeting has taken place.
The
applicant recognizes that the frequencies used by the cellular facility located
at 1204
[CS] East Coast Highway are extremely close to the frequencies used by the City of
18.
The
applicant shall not prevent the City of
19.
Prior
to activation of the facility, the applicant shall submit to a
post-installation test to confirm that “advanced planning and frequency
coordination” of the facility was successful in not interfering with the City’s
Public Safety radio equipment. This test will be conducted by the
Communications Division of the Orange County Sheriff-Coroner Department or a
Division-approved contractor at the expense of the applicant. This
post-installation testing process shall be repeated for every proposed
frequency addition and/or change to confirm the intent of the “frequency
planning” process has been met.
20.
Prior
to activation of the facility, the applicant shall submit a letter to the
Planning Director prepared by the Orange County Sheriff-Coroner Department
indicating that the OCSD has reviewed the results of the post-installation test
and that the facility will not cause interference with the City’s Public Safety
radio equipment.
21.
Within
30 days after installation of the telecom facility, a radio frequency (RF)
compliance and radiation report prepared by a qualified RF engineer acceptable
to the City shall be submitted in order to demonstrate that the facility is
operating at the approved frequency and complies with FCC standards for
radiation. If the report shows that the facility does not so comply, the use of
the facility shall be suspended until the facility is modified to comply and a
new report has been submitted confirming such compliance.
22.
Prior
to issuance of building permits, a deposit of $1,000 shall be paid to the City
of
23.
The
applicant shall provide a “single point of contact” in its Engineering and
Maintenance Departments that is monitored 24 hours per day to insure continuity
on all interference and/or emergency issues, and to which interference and/or
emergency problems may be reported. The name, telephone number, fax number
and e-mail address of that person shall be provided to the Planning Department,
Public Works Department and Newport Beach Police Department’s Support Services
Commander prior to activation of the facility.
24.
Should
interference with the City’s Public Safety radio equipment occur, use of the
facility shall be suspended until the radio frequency is corrected and
verification of the compliance is reported.
25.
The
applicant shall insure that lessee or other user(s) shall comply with the terms
and conditions of this permit, and shall be responsible for the failure of any
lessee or other users under the control of the applicant to comply.
26.
Should
the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by
either the applicant, current property owner or leasing agent.
27.
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.
28.
The
telecom facility shall not be lighted except as deemed necessary by the Newport
Beach Police Department for security lighting. The night lighting shall be at
the lowest intensity necessary for that purpose and such lighting shall be
shielded so that direct rays do not shine on nearby properties. Prior to the
final of building permits, the applicant shall schedule an evening inspection
by the Code Enforcement Division to confirm compliance with this condition.
29.
The
operator of the telecom facility shall maintain the facility in a manner
consistent with the original approval of the facility.
30.
The
City reserves the right and jurisdiction to review and modify any telecom
permit approved pursuant to Chapter 15.70 of the Newport Beach Municipal Code,
including the conditions of approval, based on changed circumstances. The
operator shall notify the
31.
This
telecom permit may be modified or revoked by the City Council should they
determine that the facility or operator has violated any law regulating the
telecom facility or has failed to comply with the requirements of Chapter 15.70
of the NBMC, or this telecom permit.
32.
Any
operator who intends to abandon or discontinue use of a telecom facility must
notify the