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TELECOM PERMIT NO. TP2007-010 (PA2007-129) |
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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
Cingular
Wireless, LLC
12900
Park Plaza Drive
Cerritos, CA 90703
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APPLICATION: |
Telecom
Permit No. TP2007-010 (PA2007-129) |
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APPLICANT: |
Cingular Wireless, LLC |
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LOCATION: |
450
Newport Center Drive |
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LEGAL DESCRIPTION: |
Parcel 1 of PM 61/10 |
PROJECT
REQUEST AND DESCRIPTION
Cingular Wireless, LLC requests to install a wireless telecommunications facility
on an existing office building.
The project involves the installation
of 12 panel antennas, 2 Global Position System (GPS) antennas, 1 microwave dish
antenna, 5 support equipment cabinets and other appurtenant equipment. All antennas and equipment will be mounted on
the roof of the building and will be completely screened from view with new
screen walls that will match the height of the existing penthouse structure. The property is
located in the PC (Block 400 Newport Center) District.
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. The proposed telecom facility will be located on the roof of
an existing building, which is considered a priority location, and will be
completely screened from public view. The new equipment and the proposed screen
wall will match the height of the existing building and comply with the
high-rise (375-foot maximum height limit) height limitation zone.
The proposed new telecom facility
will be located within 1,000 feet of an existing facility (
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
450 Newport Center Drive
Telecom Permit No. 2007-010 (PA2007-129)
FINDINGS AND
CONDITIONS OF APPROVAL
TP2007-010 (PA2007-129)
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 proposed facility is completely screened from view
through the use of a screen wall enclosure designed
to match the building’s existing roof top penthouse structure in architectural
style, color, and material.
·
To
limit the adverse effects of a proliferation of telecom sites in the City, a
condition of approval has been imposed allowing future co-location of telecom
facilities by other carriers at this site.
2.
The telecommunications facility as proposed conforms to
the technology, height, location and design standards for the following
reasons:
·
The antennas and support equipment will be installed
behind a new screen wall enclosure and will be completely screened from view.
·
The screen wall enclosure has been designed to be
consistent with the architectural style, color, and material of the existing
mechanical screen wall enclosure and will result in an enclosure that is
architecturally compatible with the existing building.
·
The telecom facility approved by this permit does not
exceed the maximum building height limit of 375 feet allowed in the high-rise
height limitation zone.
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 1 (Existing Facilities) because the telecom facility is being installed on an existing office
building.
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.
Any
future facilities proposed by other carriers to be located within 1,000 feet
from the subject property shall be approved to co-locate at the same site by
the property owner or authorized agent, unless otherwise approved by the
5.
The
telecom facility shall comply with all regulations and requirements of the
Uniform
6.
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 this approval letter shall be incorporated into the drawings approved
for the issuance of permits.
7.
A
total of 12 panel antennas, 2 GPS antennas and 1 microwave antenna may be
installed on the roof of the existing building behind the proposed screen wall
enclosure, as depicted on the plans approved by this telecom permit. No future
antennas are proposed with this application.
8.
A
total of 5 equipment cabinets and appurtenant power sources may be installed on
the roof of the existing building behind the proposed screen wall enclosure, as
depicted on the plans approved by this telecom permit. There are no future
equipment cabinets proposed for future installation with this application.
9.
The
new screen wall enclosure, antennas, cabinets, GPS antennas, and related
equipment shall not exceed the top of the existing penthouse structure, or
100-feet 7-inches in height, as depicted on the plans approved by this permit.
10.
The
design of the screen wall enclosure shall match the architectural style, color
and texture of the building’s existing penthouse structure.
11.
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 to arrange for access
to the roof top area. The location of the information warning signs or plates
shall be depicted on the plans submitted for construction permits.
12.
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.
13.
The
facility shall transmit at a frequency range of 869 to 880, 890 to 891.5, 1945
to 1955 and 1975 to 1980 MHz, and shall receive at a frequency range of 824 to
835, 845 to 846.5, 1865 to 1875 and 1896 to 1900 MHz. Any change or alteration
to the frequency range shall require the prior review and approval of the
Planning Director.
14.
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 450
Newport Center Drive are
extremely close to the frequencies used by the City of
15.
The
applicant shall not prevent the City of
16.
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.
17.
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.
18.
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.
19.
Prior
to issuance of building permits, a deposit of $1,000 shall be paid to the City
of
20.
The
applicant shall provide a “single point of contact” in its Engineering and
Maintenance Departments that is monitored 24 hours per day to insure continuity
on all interference issues, and to which interference problems may be reported.
The name, telephone number, fax number and e-mail address of that person
shall be provided to the Planning Department and Newport Beach Police
Department’s Support Services Commander prior to activation of the facility.
21.
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.
22.
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.
23.
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.
24.
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.
25.
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.
26.
The
operator of the telecom facility shall maintain the facility in a manner
consistent with the original approval of the facility.
27.
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
28.
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.
29.
Any
operator who intends to abandon or discontinue use of a telecom facility must
notify the