‘David vs. Goliath’
By Terry Miller
A group of gravely concerned neighbors has banded together in an effort to stop Verizon’s appeal to the City of Arcadia for a cell-tower waiver in an R1 Zone.
Verizon applied a while ago for a new cell tower “camouflaged as a eucalyptus tree” at the Church of the Transfiguration at 1881 S. First Ave. The planning commission denied the application based on aesthetic grounds. The staff report is available on the city’s website (www.ArcadiaCA.gov).
Verizon has appealed the denial to the city council and it is tentatively scheduled for a June hearing, pending some last minute changes Verizon is planning.
The zoning of The Church of the Transfiguration property is R-1, Second One-Family Zone, where wireless facilities are normally prohibited by Arcadia Municipal Code Section 9288.6.
Only by satisfying the requirements for a waiver, as provided by Arcadia Municipal Code Section 9288.8, in addition to satisfying the requirements for the Conditional Use Permit (CUP), would the facility be allowed.
However, the planning commission has determined that the applicant has failed to demonstrate that the project meets the standards of the waiver request and the CUP.
Residents say the fight is really just beginning and equate it to “David vs. Goliath.”
Katy Mui recently penned the following letter to Congresswoman Judy Chu about the issue:
“We, the residents of Arcadia, Calif., are joining the residents of neighboring Temple City, to raise an important issue that we, as well as residents in numerous other cities, are challenged with. Many telecommunications companies are building cell phone towers in residential areas that do not need or want them, yet city legislature is currently extremely limited in their authority and ability to protect their residents due to the outdated Telecommunications Act of 1996.
“First, I want to begin by stating that this is a David versus Goliath fight too many individual communities have had to endure alone, with Goliath frequently emerging the victor. Residents are often too ill-prepared and helpless to stave off the legal might of the deep-pocketed telecommunications companies. These companies often scare city leaders with lawsuits, proclaiming their rights under the federal law but regularly employing questionable tactics and outright lies in their arsenal. Besides Arcadia and Temple City, other communities that we know of include San Marino, West Covina, Walnut, Monterey Park, and West Hollywood. The telecommunications companies are constructing more and more cell phone towers within residential areas, regardless of whether there is a genuine need for coverage. Companies such as Verizon (as in the case of Arcadia) intend to ‘claim a territory’ by first building the cell tower at a prime location. They argue that by doing so, they will be able to upgrade their services in the future; but their true purpose is the extremely lucrative business of leasing the potential cell tower space and capabilities to other telecommunications companies.
“While I understand the need for cell phone towers, they should be constructed in commercial areas only. In our case in Arcadia, Verizon has applied for a waiver to construct a 53-foot tower in Arcadia’s R1 (residential) zone, an area where the majority of the surrounding homes are single storied and most trees are no taller than about 20 feet, and an area where Verizon subscribers themselves have reported great cellular coverage. But the current legislation is too weak to protect affected homeowners and if this waiver is approved, it will open a floodgate for all telecommunications companies to construct cell towers in any Arcadia R1 zone. In addition, the proposed tower will be less than 50 feet away from an elementary school (Arcadia Christian School) and only about 200 feet away from a preschool (Arcadia Episcopal Preschool). It poses a significant danger to staff and students due to possible cell tower collapse, fire, or falling debris.
“I would also like to urge legislative review of the Telecommunications Act of 1996. This law is the basis that gives telecommunications companies almost unlimited rights to construct cell towers wherever they wish and this is the law that firmly binds the hands of local city leaders, rendering them helpless to protect the residents and homeowners. It is a law that is extremely outdated and requires material legislative revision. The original intent of the law was to promote cell phone competition. Section 706(a) provides that the Commission and State Public Utility Commissions must ‘encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans … ’ This ‘unrestricted access’ clause has allowed telecommunications companies to enter pristine residential areas, posing danger to residents, inflicting negative impact on property values, and destroying the aesthetics of entire neighborhoods. These telecommunications companies tout public service when in reality they are just procuring endless future income streams for themselves, causing immense and irreparable damage to local residents and communities in the process. This act had served its purpose – there is now massive deployment of cell phones. According to the CTIA, the lobbying organization for the wireless industry, in 1998, we had 66,000 cell towers. Now in 2013 we have 300,000 cell towers. How many more do we need?”
– Katy Mui, on behalf of Arcadians Against Residential Towers (AART).
For more information, visit www.facebook.com/ArcadiansAgainstReasidentialTowers.
There currently is no specific date planned to hear Verizon’s Waiver appeal.
