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TELECOM PERMIT NO. TP2007-013 (PA2007-206) |
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Planning Department |
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(949) 644-3200; FAX (949) 644-3229 |
Staff Person: |
Jaime Murillo (949) 644-3209 |
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APPLICATION: |
Telecom
Permit No. TP2007-013 (PA2007-206) |
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APPLICANT: |
Wireless
Development Resources, LLC on behalf of Cingular/AT&T
Mobility |
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LOCATION: |
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LEGAL DESCRIPTION: |
Parcel 1 of Resub 1038 |
PROJECT
REQUEST & DESCRIPTION
Cingular/AT&T
Mobility has submitted an application requesting a Telecom Permit to allow
minor modifications to an existing co-located wireless telecommunications
facility (“telecom facility”) located at the
DIRECTOR’S ACTION: APPROVED
WITH CONDITIONS – NOVEMBER 28, 2007
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 telecom facility
meets the provisions of Chapter 15.70. The proposed telecom facility is
co-located on the site with another telecom facility and consists of an
existing stealth antenna concealed from public view within the cross on the
roof of the existing church building, which is considered a priority location.
The applicant’s new and existing equipment is ground-mounted at the rear of the
existing church building and will remain screened from public view by the
relocated block wall, textured and painted to match the architectural style,
color, and material of the existing church building. To limit the adverse effects
of a proliferation of telecom sites in the City, a condition of approval has
been imposed allowing the future co-location of a telecom facility by an
additional carrier at this 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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DAVID
LEPO, Planning Director |
By
_____________________________
Jaime Murillo
Associate Planner
JM/rm
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Attachments: |
Vicinity
Map Findings
and Conditions of Approval |
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VICINITY MAP
TP2007-013
(PA2007-206)
FINDINGS AND
CONDITIONS OF APPROVAL
TP2007-013 (PA2007-206)
FINDINGS
1.
The telecommunications facility as proposed meets the intent
of Chapter 15.70 of the Newport Beach Municipal Code, 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 existing antenna is a stealth facility, installed
within the cross on the roof of the existing church building and concealed from
public view.
·
The existing and proposed ground-mounted radio equipment
cabinets are completely screened from view through the use of a relocated
screen wall enclosure designed to match the
architectural style, color, and material of the existing church building.
·
To
limit the adverse effects of a proliferation of telecom sites in the City, a
condition of approval has been imposed allowing the future co-location of one
additional telecom facility by another carrier at this site.
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
efficient technology in order to minimize the number of facilities needed in
the area and to reduce the visual impact.
·
The existing and proposed ground-mounted radio equipment
cabinets will be installed behind the relocated screen wall enclosure and will
be completely screened from view.
·
The texture and color of the screen wall enclosure has
been designed to be consistent with the architectural style, color, and
material of the existing church building and will result in an enclosure that
is architecturally compatible with the existing 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 3 (New Construction or Conversion of Small
Structures) as the project will result in the
installation of small equipment on the exterior of an existing 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
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.
A
total of 3 ground-mounted radio equipment cabinets may be installed at the rear
of the church building behind the proposed screen wall enclosure, as depicted
on the plans approved by this telecom permit. No changes to the existing
antenna are proposed with this application.
8.
The
design of the screen wall enclosure shall match the architectural style, color
and texture of the existing church building.
9.
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 antenna area. The location of the information warning 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 869-880, 890-891, 1930-1935,
1945-1950, 1965-1970 and 1975-1980 MHz, and shall receive at a frequency range
of 824-835, 845-846, 1850-1855, 1865-1870, 1885-1890 and 1895-1900 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 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
13.
The
applicant shall not prevent the City of
14.
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.
15.
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.
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.