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TELECOM PERMIT NO. TP2007-014 (PA2007-256 |
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Planning Department |
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(949) 644-3200; FAX (949) 644-3229 |
Staff Person: |
Rosalinh Ung, Associate Planner (949)
644-3208 |
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APPLICATION: |
Telecom
Permit No. TP2007-014 (PA2007-256) |
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APPLICANT: |
Omnipoint Communications, a subsidiary of T-Mobile USA |
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LOCATION: |
2744
East Coast Highway |
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LEGAL DESCRIPTION: |
Lot 1, Block F, Tract 323 |
PROJECT REQUEST
AND DESCRIPTION
Omnipoint Communications, a subsidiary of T-Mobile USA, has submitted an application request for a Telecom
Permit for the roof-mounted installation of 12 panel antennas, one 2-foot
diameter microwave dish antenna, one GPS antenna, one PPC cabinet, one 36-inch
by 36-inch Telco equipment box and four equipment cabinets on an existing
commercial building. The property is located in the RSC District.
DIRECTOR’S ACTION: APPROVED WITH CONDITIONS – JANUARY 31,
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
antennas, the microwave dish, GPS antenna, equipment box and cabinets and all
associated equipment will be installed on the roof and concealed from public
view by the existing parapet and the new screen wall which to be installed
along the northerly and southerly portions of the building. All antennas,
cabinets and microwave dish will be below the top of the parapet and new screen
wall and within the 32-foot building height limit.
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
_____________________________
Rosalinh Ung
Associate Planner
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Attachments: |
Vicinity
Map Findings
and Conditions of Approval |
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VICINITY MAP
2744 East Coast Highway
TP2007-014 (PA2007-256)
FINDINGS AND
CONDITIONS OF APPROVAL
TP2007-014 (PA2007-256)
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 the roof of 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 32/50 feet allowed in the RSC
Zoning District, as specified in the Zoning Code.
·
The antennas and cabinets for the telecom facility
approved by this permit will be roof-mounted and will be screened from public
view 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
roof-mounted and will be screened from public view in a manner consistent with
the architectural style, color and materials of the building. The roof-mounted
equipment will comply with the height limit applicable to the building in RSC
Zoning District.
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.
A
total of twelve panel
antennas, one 2-foot diameter microwave dish antenna, one GPS antenna, one PPC
cabinet, one 36-inch by 36-inch Telco equipment box, four cabinets may be
roof-mounted behind the existing parapet and new screen wall of the commercial
building.
3.
The twelve panel antennas, one 2-foot
diameter microwave dish antenna, one GPS antenna, one PPC cabinet, one 36-inch
by 36-inch Telco equipment box, four cabinets shall be screened by the existing
building parapet/new screen wall and shall not exceed the building height limit
of 32 feet.
4.
Anything
not specifically approved by this Telecom Permit is not permitted and must be
addressed in a separate and subsequent Telecom Permit review.
5.
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).
6.
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
7.
The
telecom facility shall comply with all regulations and requirements of the
Uniform
8.
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.
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 1962.6 to 1979.6 MHz, and shall
receive at a frequency range of 1882.6 to 1899.6 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 the subject property are extremely close
to the frequencies used by the City of
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
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
28.
If
any of the existing public improvements surrounding the site is damaged by the
private work, new concrete sidewalk, curb and gutter, alley/street pavement,
and other public improvements will be required by the City at the time of
private construction completion. Said
determination and the extent of the repair work shall be made at the discretion
of the Public Works Inspector.
29.
T-Mobile
shall protect all City landscape, tree, and irrigation in place. If any damage should occur, the contractor
will be required to repair as directed by the General Services Department and
guarantee work for a minimum of one (1) year.
30.
The
existing
31.
All
proposed changes to the parking lot layout shall comply City Standard no.
805-L-A and 805-L-B.
32.
The
storage of all project related equipment shall be on-site and minimize impact
the public right-of-way.
33.
A
Temporary Street Closure Permit and/or Encroachment Permit is required for all
work activities within the public right-of-way.