More Wireless Communication Sites: Settlement Proposed in Crown Castle Lawsuit Against the City
Wireless Antennas for 18 Sites to be Reviewed by City in New Crown Castle Applications
At its December 17, 2018 regular meeting, the Piedmont City Council will consider whether to approve a proposed settlement in the law suit filed against the City by Crown Castle NG West LLC challenging the Council’s denial of applications for five wireless communication facility (WCF) sites and conditional approval of three other sites. A ninth site, which was conditionally approved by the Council, was not included in the suit.
The proposed settlement agreement, which is the product of over eight months of mediation between Crown Castle and the City of Piedmont, provides that Crown Castle will file new applications for the eight original sites and ten additional sites. The additional sites are included because the applications will be deleting the 700 MHz radios for which they previously applied. Instead they will use only 1900 and 2100 MHz bandwidths which would serve the same area as the original proposal. Elimination of the 700 MHz radios allows for smaller antennas and radios. Fifteen of the sites are proposed for existing utility pole sites. Antennas will be located at the top of the pole and will be three feet in height. The radios will be mounted on the poles. The antennas and the radios will be concealed within shrouds. There are a few utility poles with different designs to address site specific site issues and to eliminate or reduce impacts on City trees. Three sites will be on City light poles with two foot antennas and above ground mounted cabinets.
If approved by the City, the proposed sites will have smaller antennas and radios, be mounted higher on poles, reducing visual clutter, and have less or no impact on City trees. These applications will go through the normal City hearing process applicable to the particular site. If approved, Crown Castle will dismiss its lawsuit against the City. If not approved, the lawsuit will proceed.
It is important to note that the settlement agreement does not approve the installation of any new wireless sites in Piedmont. Crown Castle must submit applications for a Wireless Communication Facilities Permit for all the sites included in the settlement agreement. The Planning Commission reviews and makes a recommendation to the City Council regarding approval or denial of applications for all new sites. The City Council then considers all applications and make a final decision.
The City Council staff report for the proposed settlement will be posted on the City website (http://www.ci.piedmont.ca.us/citycouncil…) on Thursday, December 13, 2018.
Comments regarding the proposed settlement agreement may be sent to the City Council via email to: citycouncil@piedmont.ca.gov. To send comments via U.S. Mail, please use the following address: Piedmont City Council c/o City Clerk, 120 Vista Avenue, Piedmont, CA 94611.
Residents with questions about the settlement may contact Senior Planner Pierce Macdonald-Powell by email at pmacdonald@piedmont.ca.gov. Any correspondence sent to the City may be considered a public record.
The City Council meeting on December 17, 2018 will be televised live on KCOM-TV, the City’s government access TV station and available through streaming video on the City’s web site at www.ci.piedmont.ca.us/video.
