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TELECOM PERMIT NO. TP2007-011 (PA2007-167) |
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Planning Department |
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(949) 644-3200; FAX (949) 644-3229 |
Staff Person: |
Brandon Nichols (949) 644-3234 |
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APPLICATION: |
Telecom
Permit No. TP2007-011 |
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APPLICANT: |
NSA
Wireless on behalf of Cingular/AT&T |
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LOCATION: |
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LEGAL DESCRIPTION: |
Parcel
2 of Parcel Map No. 17-03, Book 17, page 3 of Parcel Maps, |
PROJECT
REQUEST AND DESCRIPTION
Cingular Wireless requests a Telecom Permit to upgrade
an existing wireless telecommunications facility located at
DIRECTOR’S ACTION: APPROVED WITH CONDITIONS – JANUARY 2,
2008
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
existing support equipment cabinet will be replaced with a similar cabinet that
will be painted and textured to match the existing building, resulting in no
additional visual impact. All proposed antennas will be incorporated into the
design of the existing tower and fully screened from public view. 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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On
behalf of David Lepo, Planning Director |
By _____________________________
Brandon Nichols
Associate Planner
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Attachments: |
Vicinity
Map Findings
and Conditions of Approval |
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VICINITY MAP
TP2007-011 (PA2007-167)
FINDINGS AND
CONDITIONS OF APPROVAL
TP2007-011 (PA2007-167)
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 existing 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 within and screened from
view by an existing architectural tower element. Any future facility proposed
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 and 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 visual impact.
·
The telecom facility approved by this permit does not
exceed the height of the existing telecom facility or the existing tower.
·
New antennas will be fully screened from view within the
existing tower, and the replacement support equipment cabinet will not create
any additional visual impact.
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 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.
The
project shall be in substantial conformance with the plans approved by this
telecom permit. Any future antennas proposed to be added to this telecom
facility shall be subject to an application for a modification of this telecom
permit.
8.
All
attennas shall be fully screened from public view, and the replacement
equipment cabinet shall be painted and textured to match the existing 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 roof top 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, 890-891.5, 1945-1955,
and 1975-1980 MHz, and shall receive at a frequency range of 824-835,
845-846.5, 1865-1875, 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 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
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