City Quashes Verizon Cell Tower Appeal (Again)

Verizon Wireless has had its request, to make changes to its mobile phone tower at 423 San Pablo Ave., denied.

Monday night, the passed a resolution to deny the Verizon application, which has been wending its way through various Albany approval processes since 2009.

The existing monopole stands 65 feet tall and, according to one speaker Monday night, is composed of a Douglas Fir trunk surrounded by a concrete sleeve. It holds antennas for Verizon Wireless and Metro PCS.

"LEGAL, NON-CONFORMING" POLE

The pole is classified as a "legal non-conforming" facility because it rises above the city's approved 48-foot maximum height limit for such structures. 

Verizon has been trying to make changes to the pole since 2009. The company has argued that the changes are simply "routine maintenance," which are allowed under the city code for legal non-conforming structures. 

Verizon has four enclosures on the pole, which house four antennas. Verizon wants to replace these enclosures with four new panels, which would house six antennas.

UPGRADE, NOT MAINTENANCE

City residents, officials and planning commissioners have argued that these changes constitute an upgrade to the facility, which would not be allowed given the pole's legal non-conforming status.

City regulations allow for more flexibility in changes to such facilities if there is no adequate alternative site within the city limits; Albany officials have said Verizon has not provided sufficient information or analyses about suitable alternatives.

A representative for Verizon said none of its existing sites in or near Albany would offer adequate coverage alternatives, and that the company intentionally did not study new sites because the city code seemed to favor placing antennas on existing sites.

A WHOLE NEW NETWORK

Monday night's resolution states that the proposed changes would have "deployed an entirely new wireless network...that provides high speed data communication as part of a 4G network."

The council found that the Verizon application proposed significant modifications and an upgrade, rather than routine maintenance, and would have significantly extended the life of the pole, in opposition to Albany's municipal code.

The council also found that Verizon failed to provide data and documentation supporting the opinions of a Verizon engineer about suitable alternatives, and did not provide signal coverage maps that took topography, elevation or other factors into account.

STRUCTURAL ANALYSIS NEEDED?

Albany resident Nan Wishner, who has actively advocated for cell tower regulations as a member of Albany Residents for Responsible Oversight of Wireless, pointed out to the council that little is known about the structure of the San Pablo monopole. 

Wishner told the council that the pole was built in 1990 and that, according to an engineering report included in Monday night's council packet, "there are no data available on the specifics of the pole."

Wishner said an engineer, as noted in the packet, hypothesized the pole was made of Douglas Fir wood, then "sleeved in concrete and stuck in the earth." Given the age of the pole, and its potential atrophy due to factors such as age, rot and termites, she continued, "It's highly likely this wooden pole is near the end of its useful life."

She also asked the city to take a core sample of the pole to confirm its structural integrity.

A Crown Castle attorney representing Verizon said the pole is structurally "just fine," though he admitted that the company had done a "soils analysis" rather than any kind of structural analysis.

Following his comments, responded that Verizon has a "an obligation" to assess the pole's structural integrity to confirm that it isn't a danger to the public.

The council was unanimous in denying Verizon's appeal.

See Albany Patch's .

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PROJECT DOCUMENTS FROM THE

6-1. Appeal of the Planning and Zoning Commission’s Decision to Deny the Application for Design Review and Conditional Use Permit for a Wireless Antenna at 423 San Pablo Appeal 

6-1A Staff Report
6-1B Att 1 Application
6-1C Att 2 Correspondence
6-1D Att 3 P&Z Staff Report
6-1E Att 4 Excerpt P&Z Minutes
6-1F Att 5 Staff Report
6-1G Att 6 City Council Minutes
6-1H Att 7 Excerpt Telecommunications Act
6-1I Att 8 Muni Code
6-1J Att 9 Appeal
6-1K Att 10 July 26 Presentation
6-1L Att 11 Sep 19 Presentation
6-1M Att 12 Sep 22 Letter
6-1N Att 13 Oct 3 Letter Part 1
6-1O Att 13 Letter Part 2
6-1P Att 14 Letter Part 1
6-1Q Att 14 Letter Part 2
6-1R Att 15 Kramer Report
6-1S Att 16 Correspondence
6-1T Att 17 Reso 2011-56

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