7/11/2005
S.B. both a model, a mess for cell towers
By SARAH GORDON NEWS-PRESS STAFF WRITER
Just watch the foot or car traffic in any busy area, and
you will see how attached Santa Barbarans are to their cell phones. But
Santa Barbarans have a distinctly less cozy relationship with the towers
and antennas that make the devices work.
While federal law ultimately trumps in matters of where cell
phone towers can go, static from local officials and residents fearing
both for their health and their property values has stymied
installations from Hope Ranch to Tucker’s Grove to Summerland.
Goleta’s long-running struggle to write a new
telecommunications ordinance suggests how hamstrung local governments
feel about diluted powers to regulate cell towers in their communities.
Some see this area’s oversight of new cell towers and
antennas as a model. Here, they say, local government balances the
companies’ and customers’ needs with the region’s concerns about
aesthetics and safety.
Rob Benson, a partner in the consulting group the Cell Site
Landowners Association, said a number of municipalities across the nation
are lax compared with places such as Santa Barbara County, which has a
telecommunications ordinance that imposes strict aesthetic requirements
on cell towers.
“In most cities, carriers could do a much better job hiding
the sites,” he said. “They generally are not pressed to do it.”
While some commend Santa Barbara for its model regulations,
champions of effective cell phone networks say building new towers here
can be a nightmare for providers, with homeowners’ associations that
fight every major installation, and government officials who do not
understand the technology’s requirements. They say all this limits the
quality of cell phone coverage in the area.
“There are several cases in the county where the provider
went through a careful permitting process, and the Planning Commission
turned it down at the last minute,” said Andy Seybold, a Santa Barbara
telecommunications technology consultant who says he is “on a crusade” to
make the area more amenable to the construction needs of cell phone
networks.
A stalled proposal to erect an antenna near an existing one
in Tucker’s Grove illustrates his fears.
Verizon officials hoped to hide one dummy tree among the
park’s lush forest. County planners embraced their idea, agreeing that a
fake tree hiding a cell antenna was preferable to a stark, undisguised
pole such as the 50-foot one that Sprint already had installed in the
southwest corner of the park.
Verizon expected the plan to go through. It had worked
through many versions of the project with county planners, and staff
recommended that the Planning Commission approve the proposal.
So the company was surprised at a June meeting when the
commission rejected the proposal 3-2, with one commissioner changing his
mind to a nay vote in the course of the meeting.
“We’ve gone to great lengths to make sure the site design is
the best it can be,” Verizon spokeswoman Heidi Flato said.
But the Planning Commission had questions.
“I raised the concern whether Tucker’s Grove was the right
place to site antennas,” Commissioner Michael Cooney said. “If you go to
the park, doesn’t it seem like you should be sitting under real trees?”
Peter Mausharder, the manager of real estate for Verizon,
said the company is writing a report to explain its need for the project
more clearly to the Planning Commission. “We’re judged by the
dependability of our network,” he said. “We have to make these things
happen.”
LAWS FEDERAL AND LOCAL
Federal law says local governments must allow cell antennas
in every zone, be it residential, recreational or commercial. If the
company can prove it needs the site to provide solid coverage, under the
law, it can build there, with few exceptions.
“There is very little that we can do to regulate the cell
phone towers, but we do have design review,” Santa Barbara city Planner
Bettie Weiss said. “That is an area the feds have not pre-empted.”
City and county planners say few cell phone antenna projects
actually spark debate the way the Tucker’s Grove project did.
“We do things to nudge the providers into areas that make
sense for them,” said Luis Perez, energy specialist for the county’s
Planning Division.
The main technique the county and the city use for nudging
is making it far easier for companies to get a permit to add an antenna
onto an existing structure than to build a new, freestanding tower.
Companies co-locate their antenna with an existing one put up by a rival
whenever possible.
Where there is a tall building, antennas can go on top,
often hidden inside of inconspicuous boxes. Francisco Torres, a UCSB
dormitory in Isla Vista, hosts antennas from every major provider.
A nondescript three-story office building on Goleta’s
Hollister Avenue is another hot spot. So is Santa Barbara Cottage
Hospital.
The bell tower at La Cumbre Plaza’s Robinsons-May department
store has antennas hidden behind its walls.
But cell phone providers want to send their signals
everywhere, and where there are no tall buildings to assist, they
generally must put up a tall, free-standing pole.
Mr. Perez says the county has gotten better about demanding
that cell phone companies hide those antennas.
For example, an antenna above the county transfer station
that slashes into the sky and cuts an ugly silhouette above Goleta would
never get built under today’s requirements, Mr. Perez said. The county’s
ordinance adopted in 2002 prevents companies from building on a hilltop.
“We’ve gotten smarter,” he said.
Instead, a tall pole on a hill must be set so that its top
is below the ridge line and painted to match the landscape, he said.
Examples stand in the hills by Refugio Road.
And if poles must sit near a residential zone, the county
demands clandestine designs, Mr. Perez said. Witness the flagpoles by the
polo fields, the tall poll surrounded by trees at the Sheffield exit in
Montecito, the rustic yet odd-looking light standards on Las Positas
Drive, the steeple on the Coast Community Church of the Nazarene.
“The Santa Barbara ordinance provides incentives for
providers to come up with creative or good designs,” said Adriane
Patnaud, site development manager with Infanext, a company that helps
negotiate cell phone sites for carriers.
Good designs are also vital in convincing owners of private
land to lease it to a cell provider.
Cellular companies meet particular challenges in trying to
site towers in residential neighborhoods. Among other worries, residents
have concerns about an ugly pole lowering property values.
A favorite method of locating cell phone towers near
residential zones is to hide them in church steeples.
The Korean United Methodist Church in Isla Vista agreed to
have Cingular build a 50-foot steeple on top of the church with an
antenna inside in return for a monthly lease.
Pastor Chiyoung Jeong declined to disclose how much money
the congregation gets from the lease, but he said they and the community
supported the project.
“The steeple matches with our church and looks nice,” he
said. “There wasn’t a single objection from the congregation or the
community.”
Community objection in Santa Barbara often slows projects,
and it has had mixed success in stopping or reversing some of them.
In the summer of 2003, the Montecito Association took an
official stance against a Cingular proposal to affix six panel antennas
to the existing Verizon switching station on Santa Angela Lane, less than
100 feet from several houses.
Association President J’Amy Brown said residents were
worried primarily about the potential health effects from the tower, and
secondarily about it hurting the value of their homes.
HEALTH EFFECTS
No scientific research has ever shown a clear relationship
between cell towers and human health, and most physical scientists doubt
that the low levels of radio frequency radiation the towers emit could
pose any risk.
But some studies suggest that low levels of radio frequency
radiation can interfere with biological systems, causing changes in
molecular interactions. These studies have caused some scientists to
suspect that radiation from cell towers, and cell phones, could influence
essential parts of the human body, including the brain, nerves and DNA.
The World Health Organization and the Environmental
Protection Agency have both issued past statements calling for further
studies to assess the risk if any from low-level radio-frequency
radiation.
Montecito residents did not want to wait for the results of
such studies. But under federal law, local government is not allowed to
consider health fears. The 1996 Telecommunications Act says that as long
as antennas emit radiation at lower levels than the maximum level allowed
by the Federal Communications Commission, local government likewise must
deem them safe.
“As a community, we had concerns. We tried
to voice those concerns, but it was
truly out of our hands,” Ms. Brown said.
Although the project was stalled, with one resident
appealing the Montecito Planning Commission’s approval to the county
Board of Supervisors, Cingular was ultimately granted a permit for the
antennas. However, that same resident is appealing the decision once
more, on new grounds, and the antennas have not yet been built.
Mr. Seybold said this kind of delay is ridiculous and
typical of Santa Barbara.
“If you’re more than six feet away, there’s no danger
whatsoever,” he said. “You’ve got to make the health issue go away.”
It is unlikely it will.
The Goleta City Council is considering health concerns as it
drafts its first telecommunications ordinance.
“Do we want to require companies to disguise (antennas), or
do we want people to know they’re there?” Councilwomen Margaret Connell
asked. “Maybe we make them conspicuous so people can avoid them if they
want to.”
The council is also considering requiring clear signs
informing people when they are near a cell site.
In 2000, the Hope Ranch Association voted against allowing
residents to lease private property to cell phone providers after
neighbors concerned about the safety and the aesthetics of a proposed
60-foot antenna threatened to sue if the project were approved.
“As much as we wanted to improve the spotty coverage in Hope
Ranch, the board decided that if the neighbors were worried that the
antenna wasn’t safe, it had to vote against it,” association manager Jim
Trebbin said.
Instead, the association decided to wait for technology to
change to suit their neighborhood. Sure enough, a few years later, a
company proposed a plan they could live with.
Northern California-based NextG is installing a series of
approximately 30 small antennas on existing utility poles in the upscale
neighborhood. Normally, an antenna needs to stand by an accompanying base
station full of computer and electronic-signal processing equipment. But
the antennas in Hope Ranch will be connected by fiber-optic cables that
carry the signals back and forth to one remote base station. NextG is in
the process of courting other cell phone providers to use the network
when it is finished.
“Hope Ranch had the type of dilemma that I’m seeing all
around the country,” NextG spokeswoman Norene Luker said. “They
desperately want to improve coverage, but they don’t like the aesthetics.
This technology won’t replace the monopole, but it was ideal for Hope
Ranch.”
In 2001, the Summerland-Carpinteria Fire District sued
Nextel, saying the company had erected towers at stations in Carpinteria
and Summerland without disclosing their potential health risks. Some
firefighters complained that flagpole antennas were located too close,
zapping their sleeping quarters and causing lethargy and headaches.
A federal judge threw out the suit, ruling that federal law
barred lawsuits based on health concerns about FCC-approved towers.
“We were really surprised that we had no local jurisdiction
over this,” Chief Tom Martinez said.
However, in 2002, Nextel settled the suit, which the
district had appealed. It agreed to relocate the towers farther away from
firefighters’ sleeping quarters.
“I venture to say they bent over backwards to make everyone
happy.” Chief Martinez said. “I would have to say everybody came out a
winner.”
PRE-APPROVED SITES
Some have said local and county government should
pre-approve certain sites for cell towers that would have little impact
on residents. Cell phone providers could then locate there with fewer
hassles and permitting hang-ups.
Mr. Benson, whose consulting business specializes in helping
landowners make money from cell phone tower leases, suggests another
benefit from pre-approving sites.
“In many cases, a municipality might want to make a
preferred site on their own property,” he said. “Then it can collect the
revenue, instead of a private owner.”
Goleta Mayor Jean Blois thought that was an intriguing
proposition.
“It is kind of an interesting source of revenue, with no
maintenance costs,” she said.
However, the mayor said it will be a while before Goleta
endorses any particular policy. While she favors a policy of encouraging
providers to locate towers alongside Highway 101, she said filling in all
the details of telecommunications ordinance has been a challenge for her
and the council.
“The feds lay down certain rules, but they don’t leave us
many guidelines for how to follow them,” she said.
“It’s pretty confusing.”