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TELECOM PERMIT NO. TP2006-012 (PA2006-224) |
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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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August 1, 2007
Royal
Street Communications, LLC
Attn:
Jennifer Navarro
2913 El Camino Real, Suite 561
Tustin, CA 92782
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APPLICATION: |
Telecom
Permit No. TP2006-012 (PA2006-224) |
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APPLICANT: |
Royal Street Communications, LLC (dab Metro PCS) |
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LOCATION: |
1201
Dove Street |
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LEGAL DESCRIPTION: |
Parcel 1 of PM57-27 |
PROJECT
REQUEST AND DESCRIPTION
Royal Street Communications, LLC (dba Metro PCS) requests to install a new
wireless telecommunication facility on an existing high-rise office building.
The project includes the stealth installation
of six (6) panel antennas, a microwave antenna and a Global Positioning System
(GPS) antenna on the roof of the building behind a new screen wall that matches
the height of the existing penthouse structure.
Also located on the roof behind the new screen wall will be (4) four
support equipment cabinets to serve the facility. The property is
located in the PC (Newport Place Planned Community) District.
DIRECTOR’S ACTION: Approved with Conditions –
August 1, 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. The panel
antennas, microwave antenna and GPS antenna will be installed in a stealth-like
manner and concealed from public view behind a new screen wall. The support
equipment cabinets will be roof-mounted and screened from public view behind
the new screen wall. The new screen wall structure will match the architectural
style, color and materials of the existing office building, and will not exceed
the height limit for this area.
The proposed
new telecom facility will be located within 1,000 feet of sites with existing
telecom facilities (
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
_____________________________
Janet Johnson Brown
Assistant Planner
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Attachments: |
Vicinity
Map Findings
and Conditions of Approval |
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VICINITY MAP
1201 Dove Street
TP2006-012 (PA2006-224)
FINDINGS AND
CONDITIONS OF APPROVAL
TP2006-012 (PA2006-224)
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 design of the facility and location of the
equipment, 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 available technology in order to minimize the number of
facilities and reduce the visual impact.
·
The components of the telecom facility approved by this
permit, including the antennas, support equipment cabinets and screen wall, do
not exceed the height of the existing building or the maximum six-story building
height limit allowed in the Newport Place Planned Community District.
·
The antennas and support equipment for the telecom
facility approved by this permit will be roof-mounted and will be screened from
public view behind a new screen wall 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.
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) because the facility is being installed on 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
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.
All
antennas and support equipment cabinets shall be concealed from view behind a
new screen wall attached to the existing penthouse structure at the top of the
building. The height of the screen wall shall match the height of the existing
structure and shall not exceed 96 feet above grade level, as depicted on the
approved plans. The screen wall shall be textured and painted to match the
existing building.
8.
A
total of six (6) panel antennas, a single Global Positioning System (GPS)
antenna, and a single microwave dish antenna may be installed on the roof of
the building and screened from public view behind the new screen wall at a
maximum height of 96-feet above grade level, as depicted on the approved plans.
In no case shall the antennas exceed the height of the existing office building
or new screen wall.
9.
The
support equipment shall consist of four (4) cabinets and associated telephone and
electrical cabinets, which will be mounted on the roof of the building behind
the new screen wall, as depicted on the approved plans.
10.
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.
11.
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.
12.
The
facility shall transmit at a frequency range of 1985-1990 MHz, and shall
receive at a frequency range of 1905-1910 MHz. Any change or alteration to the
frequency range shall require the prior review and approval of the Planning
Director.
13.
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 1201
Dove Street are
extremely close to the frequencies used by the City of
14.
The
applicant shall not prevent the City of
15.
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.
16.
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.
17.
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.
18.
Prior
to issuance of building permits, a deposit of $1,000 shall be paid to the City
of
19.
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.
20.
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.
21.
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.
22.
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.
23.
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.
24.
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.
25.
The
operator of the telecom facility shall maintain the facility in a manner
consistent with the original approval of the facility.
26.
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
27.
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.
28.
Any
operator who intends to abandon or discontinue use of a telecom facility must
notify the