Cell tower permit spiked

The Huntington Beach Planning Commission voted to deny a permit for a cell tower in a residential neighborhood Tuesday after upset residents appealed the decision.

The commission voted 5 to 2 against a conditional use permit for a 55-foot T-Mobile cell tower, disguised as a bell tower, on the Community United Methodist Church’s property on Heil Avenue. The council determined the tower would be detrimental to the general welfare and property values of the neighborhood, wouldn’t fit in aesthetically and isn’t necessary to fill a coverage gap.

Commissioners John Scandura and Janis Mantini voted in favor over concerns that it would violate federal law to deny the permit. The Telecommunications Acts of 1996 prohibits cities from denying cell towers if there is a coverage gap, said Mike Vigliotta, legal counsel.

“I do not like cell towers in residential neighborhoods,” Scandura said. “I just keep running into this problem with federal law and, ultimately, we have to follow federal law.”

The tower was initially approved by the Zoning Administrator on Nov. 4 despite homeowners’ protests that the tower would negatively impact residents’ health and property values.

Residents appealed the permit, stating there isn’t a need for the tower, questioning T-Mobile’s assertion that there is a coverage gap. Dianne Larson, the appellate, said the neighbors conducted their own survey of cell-phone use and had no problem.

About 10 residents spoke during public comment against the tower and requested an independent survey to determine if there really is a coverage gap.

“Unfortunately, I believe T-Mobile is grabbing up all the cell tower spaces even if they don’t need it,” said Carol Settimo, whose house is directly behind the church.

The tower is needed to meet customer demand, said T-Mobile representative Pete Shubin. The company has received complaints about dropped calls and weak signals in the area, Shubin said.

“We’ve been as sensitive as we could be to the community, but we still have to provide the service our customers demand,” he said.

Commissioner Tom Livengood said he wasn’t sure about the tower, but became convinced during the public hearing that he wouldn’t want it in his neighborhood.

“We have towers that are half a mile away from this tower. We’re going to have overkill, as far as I’m concerned,” Livengood said. “I don’t think that I, if I lived in those homes, that I would want to look at it.”

Representatives of T-Mobile could not be immediately reached to find out if they plan to appeal the decision to the City Council.

Residents have picketed the church on Sundays and circulated a petition against the tower, gathering nearly 350 signatures.