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TELECOM PERMIT NO. TP2006-011 (PA2007-126) |
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Planning Department |
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(949) 644-3200; FAX (949) 644-3229 |
Staff Person: |
Russell Bunim (949) 644-3233 |
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APPLICATION: |
Telecom
Permit No. TP2007-008 (PA2007-126) |
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APPLICANT: |
Royal Communications, LLC (dba MetroPCS) |
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LOCATION: |
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LEGAL DESCRIPTION: |
Resubdivision 0582
Parcel 1 |
PROJECT
DESCRIPTION AND REQUEST
Royal Street Communications (dba MetroPCS) has submitted an
application requesting to co-locate with two
existing wireless telecommunications facilities located at
The
project involves the installation of six (6) panel antennas, a Global
Positioning System (GPS) and four (4) equipment cabinets. All six panel
antennas are mounted behind FRP – screen. The GPS will be located on the roof
of the building behind and below the parapet within the roof well (out of
public view). The four equipment cabinets will be located on a concrete pad
located on the ground level and enclosed by durashield material.
DIRECTOR’S ACTION: APPROVED WITH CONDITIONS – November 8,
2007
BACKGROUND
The two
existing telecommunication facilities, Sprint and Nextel, also located at this
site are not included in this approval. Future modifications to any of these
existing facilities will be subject to compliance with Chapter 15.70 of the
NBMC and will require approval of a Telecommunication Permit.
In approving
this application, the Planning Director analyzed issues regarding compliance
with Chapter 15.70 of the Newport Beach Municipal Code. This approval is based
on the findings and subject to the following conditions attached to this
report.
The Planning
Director determined in this case that the proposed wireless telecommunications
facility (“telecom facility”) meets the provisions of Chapter 15.70. The panel
antennas will be incorporated into the building by removing a portion of the
bricks and replacing them with panel antennas mounted behind a screen. The screen will have the appearance of real
bricks after being molded and painted to match. The GPS will be installed
behind and below the parapet of the building within the roof well. The support
equipment will be located on the ground level and enclosed by durashield material.
Installation
of the requested microwave dish is prohibited as it has not been demonstrated
that the telecom facility cannot function with out this component. Condition
No. 7 is included to reflect this change to the components of the facility.
Consistent
with Section 15.70.050 C (Co-Location Requirements) of the Wireless
Telecommunication Facilities Ordinance, the approval of this telecom permit
allows three carriers to co-locate on the site.
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
_____________________________
Russell Bunim
Assistant Planner
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Attachments: |
Vicinity
Map Findings
and Conditions of Approval |
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VICINITY MAP
TP2007-008 (PA2007-126)
FINDINGS AND
CONDITIONS OF APPROVAL
TP2007-008 (PA2007-126)
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 is located on an existing building,
and any future proposed facility to be located within 1,000 feet of the
existing facility shall be required to co-locate on the same site to limit the
adverse visual effects of proliferation of facilities in the City.
·
Due to the location or design of the facility, there is
no impact to public views.
2.
The telecommunications facility as proposed conforms to
the technology, height, location and design standards for the following
reasons:
·
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.
·
The telecom facility approved by the permit does not
exceed the maximum building height limit of 375 feet allowed in the RSC Zoning
District, as specified in the Zoning Code.
·
The panel antennas will be incorporated into building by
removing a portion of the bricks and replacing them with panel antennas mounted
behind a screen. The screen will have
the appearance of real bricks after being molded and painted to match in a
manner consistent with the architectural style, color and materials of the
building to avoid adverse impacts to views from land or buildings at higher
elevations.
·
The support equipment for the telecom facility will be
located on the ground level and will be blended or screened from public view in
a manner consistent with the architectural style, color and materials of the
building.
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).
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 subject to approval to co-locate at the same
site by the property owner or authorized agent, unless otherwise approved by
the Planning Director.
5.
The
telecom facility shall comply with all regulations and requirements of the
Uniform Building Code, Uniform Fire Code, Uniform Mechanical Code and National
Electrical Code. All required permits shall be obtained prior to commencement
of the construction.
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.
Installation
of a microwave dish is prohibited.
8.
The
project involves the installation of six (6) panel antennas, a Global
Positioning System (GPS) and four (4) equipment cabinets. All six antennas are
mounted behind FRP – box/screen. The GPS
will be located on the roof behind and below the parapet not to be seen from
the public view. The four equipment
cabinets will be located on a concrete pad on the ground level and enclosed by
durashield material.
9.
Appropriate
information and/or 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 signs or plates to arrange for
access to the roof top area. The location of the signs or plates shall be
depicted on the plans submitted for construction permits.
10.
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.
11.
The
facility shall transmit at a frequency range of 1985 to 1990 MHz, and shall
receive at a frequency range of 1905 to 1910 MHz. Any change or alteration to
the frequency range shall require the prior review and approval of the Planning
Director.
12.
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 to the Planning Department documentation from the OCSCD
that the meeting has taken place.
The
applicant recognizes that the frequencies used by the cellular facility located
at
13.
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.
14.
Prior
to activating the facility, the applicant shall submit for and complete 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 that the intent of the “frequency
planning” process has been met.
15.
Prior
to activation of the facility, the applicant shall submit a letter to the
Director of Planning 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.
16.
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.
17.
Prior
to issuance of building permits, a deposit of $1,000 shall be paid to the City
of
18.
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.
19.
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.
20.
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.
21.
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.
22.
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.
23.
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.
24.
The
operator of the telecom facility shall maintain the facility in a manner
consistent with the original approval of the facility.
25.
The
City reserves the right and jurisdiction to review and modify any telecom
permit approved pursuant to Chapter 15.70 of the Newport Beach Municipal Code,
including the conditions of approval, based on changed circumstances. The
operator shall notify the Planning Department of any proposal to change the
height or size of the facility; increase the size, shape or number of antennas;
change the facility’s color or materials or location on the site; or increase
the signal output above the maximum permissible exposure (MPE) limits imposed
by the radio frequency emissions guidelines of the FCC. Any changed
circumstance shall require the operator to apply for a modification of the
original telecom permit and obtain the modified telecom permit prior to
implementing any change.
26.
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.
27.
Any
operator who intends to abandon or discontinue use of a telecom facility must
notify the Planning Director by certified mail no less than 30 days prior to
such action. The operator or property owner shall have 90 days from the date of
abandonment or discontinuance to reactivate use of the facility, transfer the
rights to use the facility to another operator, or remove the telecom facility
and restore the site.