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TELECOM PERMIT NO. TP2007-012 (PA2007-200) |
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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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APPLICATION: |
Telecom
Permit No. TP2007-012 (PA2007-200) |
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APPLICANT: |
Verizon Wireless |
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LOCATION: |
20661(CS)
Newport Coast Drive |
PROJECT
REQUEST AND DESCRIPTION
Verizon Wireless requests to install a wireless telecommunications
facility on a new streetlight pole located in the public right-of-way on the
west side of Newport Coast Drive, south of the traffic signalized intersection
at the access road to the Laidlaw Gas Recovery Facility.
The project includes the installation
of two panel antennas that will be flush mounted
to the new streetlight pole and a GPS antenna mounted at the top of the pole.
All antennas will be painted to match the streetlight pole. The support
equipment cabinets will be placed in a below-grade vault located north of the
new streetlight pole.
DIRECTOR’S ACTION: APPROVED WITH CONDITIONS – DECEMBER 13,
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.
Streetlight poles are a priority location for telecom facilities. The antennas
will be painted to match the color and texture
of the new 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 proposed streetlight
pole and wireless telecommunications facility in the public right-of-way.
APPEAL PERIOD
The Planning
Director’s decision may be appealed to the City Council within 14 days of the
action date. The City Council’s action on appeals shall be final. A $340
filing fee shall accompany any appeal filed. No building permits may be issued
until the appeal period has expired.
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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
20661(CS) Newport Coast Drive
TP2007-012 (PA2007-200)
FINDINGS AND
CONDITIONS OF APPROVAL
TP2007-012 (PA2007-200)
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 new streetlight pole 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 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 project consists of the installation of a new
streetlight pole in the public right-of-way, which will be 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.
The
location of the proposed project on
6.
Any
existing public improvements surrounding the project site damaged during the
course of construction, including but not limited to concrete sidewalks, curbs
and gutters, and alley/street pavement, shall be repaired or replaced by the
applicant and/or contractor. The cost to repair or replace any damaged public
improvements shall be paid for by the applicant and/or contractor. Said
determination and the extent of the repair work shall be made at the discretion
of the Public Works Inspector.
7.
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.
8.
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
9.
Traffic
control plans shall be prepared for the 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
10.
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.
11.
The
new streetlight pole shall comply with City Standards and shall be of a design,
color, style, and height and placed in a location to the satisfaction of the
Public Works and Utilities Departments.
12.
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.
13.
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.
14.
The
support equipment cabinet shall be placed in a new underground vault in the
public right-of-way on
15.
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.
16.
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.
17.
The
facility shall transmit at a frequency range of 880.65-889.98, 891.51-893.97,
1966.25-1968.75, and 1981.25-1983.75 MHz, and shall receive at a frequency
range of 835.65-844.98, 846.51-548.97, 1886.25-1888.75, and 1901.25-1903.75
MHz. Any change or alteration to the frequency range shall require the prior
review and approval of the Planning Director.
18.
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 20661(CS)
Newport Coast Drive are
extremely close to the frequencies used by the City of
19.
The
applicant shall not prevent the City of
20.
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.
21.
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.
22.
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.
23.
Prior
to issuance of encroachment permit(s), a deposit of $1,000 shall be paid to the
City of
24.
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.
25.
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.
26.
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.
27.
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.
28.
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.
29.
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.
30.
The
operator of the telecom facility shall maintain the facility in a manner
consistent with the original approval of the facility.
31.
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
32.
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.
33.
Any
operator who intends to abandon or discontinue use of a telecom facility must
notify the