Agenda Item 6 - CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 21-03 FOR THE INSTALLATION OF A 60-FOOT FREESTANDING WIRELESS TELECOMMUNICATION FACILITY AT 3540 E. CAMERON AVENUEAGENDA ITEM NO.6
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: February 15, 2022
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF
CONDITIONAL USE PERMIT NO.21-03 FOR THE INSTALLATION OF A 60-FOOT
FREESTANDING WIRELESS TELECOMMUNICATION FACILITY AT 3540 E.
CAMERON AVENUE
RECOMMENDATION:
It is recommended that the City Council conduct a public hearing and, following the public hearing, adopt
the following Resolution:
RESOLUTION NO. 2022-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DECISION AND
DENYING CONDITIONAL USE PERMIT NO. 21-03 AT 3540 E. CAMERON AVENUE
BACKGROUND:
Request
The applicant, Jessica Grevin on behalf of AT&T, submitted an application for a Conditional Use Permit
(CUP) to allow for the installation of a 60-foot wireless telecommunication facility designed as a
mono -eucalyptus tree and equipment cabinets screened with an 8-foot high concrete masonry unit block
wall enclosure within an 817-square foot leased area on the Valencia Height Water District property
at 3540 E. Cameron Avenue.
Planning Commission Review
The project was reviewed by the Planning Commission on October 26, 2021 and December 14, 2021.
During both public hearings several nearby residents spoke in opposition of the project with concerns
regarding a wireless facility being located in residential zoning, clarifying what the applicant meant by
"dead zones," the proposed equipment not being vaulted, the potential height increase of the cell tower in
the future, and the change of the neighborhood aesthetics. The Planning Commission initially continued
the project from the October 26th meeting to December 14th and provided the applicant direction
to provide additional photo simulations taken from the backyards of homes along Hillside Drive, the
feasibility of vaulting the equipment underground, and providing information on "dropped calls." The
applicant provided updated LTE Justification Plots, Radio Frequency Statement/LTE Plot Plans, and
photo simulations. The applicant also provided a letter from an engineer explaining why the proposed
facility equipment can not be vaulted underground.
Planning Commission Decision
On December 14, 2021, the Planning Commission held a continued public hearing to consider the
request and voted 3-2 to deny the project because they felt that sufficient evidence was not provided to
demonstrate that the project is necessary or desirable to provide a service that will contribute to the
general well-being of the neighborhood and that the proposed mono -eucalyptus design does not
accomplish reasonable "stealthing" that will allow it to blend with the existing natural environment (the
Planning Commission Denial Resolution is included in the staff report as Attachment No. 2).
Appeal
On January 3, 2022, the applicant filed an appeal of the Planning Commission's denial of the CUP
(appeal letter/statement is included as Attachment No. 3).
DISCUSSION:
The project plans that are being presented to the City Council for review and consideration are the same
plans that were reviewed and denied by the Planning Commission.
The proposal consists of a conditional use permit to allow the installation of a wireless communications
facility designed as a 60-foot tall eucalyptus tree at the Valencia Heights Water Towers. The tree would
be located on the south-west side of the grounds, adjacent to Heritage Park. The mono -eucalyptus tree
would include 12 panel antennas arranged on three arrays (four antennas per array). The lease area
would be 817 square feet. In addition to the panel antennas, the wireless facility includes additional
equipment: 1 dish antenna, 36 remote radio units, 6 DC surge suppressors, 3 DC12 surge suppressors,
an equipment structure, 1 20kw AC Generac generator with a diesel fuel tank, and one GPS antenna.
The proposed wireless facility would be located on the Valencia Heights Water District property. The
property is surrounded by single-family residences and Heritage Park to the west. South Hills High
School is also located to the north of the project site. The property is approximately 1.26 acres in size
and has two exiting water tanks with a small storage building.
Wireless Facility Design
The proposed wireless facility is designed as a 60-foot tall eucalyptus tree. The mono -eucalyptus would
have three "limbs" that extend from the main pole. Each limb would have four antennas each, located at
56 feet 9 inches feet at centerline. An additional carrier would be able to co -locate at this facility at a
height of 41 feet at the centerline. Faux branches and leaves stealth the antennas and arrays and provide
the appearance of a eucalyptus tree, in an effort to substantially reduce the visual and aesthetic impacts
from the surrounding public -rights -of -way and adjacent properties. High -quality "sock" covers would be
required as a condition of approval to provide additional stealthing on the antennas. The antenna layout
indicates the foliage of the tree would extend past the proposed antenna arrays.
The proposed mono -eucalyptus is surrounded by several mature trees, including weeping willow trees.
As a condition of approval, two (2) new 24-inch box eucalyptus trees will be planted along the west fence
adjacent to Heritage Park to provide additional screening. With the installation of the new eucalyptus
trees, the proposed mono -eucalyptus would fit within the existing landscape.
Wireless Facility Location
The centerline of the mono -eucalyptus pole will be located 155 feet 4 inches from the front property line,
176 feet 5 inches feet from the east property line, 94 feet 8 inches feet from the south property line,
and 533 feet 4 inches from the west property line.
The Zoning Code requires that freestanding wireless telecommunications facilities be located a minimum
of one-half mile (2,640 feet) away from any other freestanding wireless telecommunication facility. The
nearest existing wireless telecommunications facility, located at Temple Ami-Shalom/Lighthouse Church
addressed at 3508 E Temple Way, is approximately 5,808 feet away from the proposed mono -eucalyptus
The applicant is proposing a 12-foot wide non-exclusive access from a private street to the site. The site
is surrounded by an existing chain link fence, which will remain. No trees will be removed as part of this
request.
Separation from Residential Uses
The Zoning Code requires that antenna support structures be at least 100 feet away from residential
uses. The property on which the telecommunications facility is to be located is adjacent to residential
zoned properties to the north, east, south, and west. The proposed wireless facility would be located to
the far southwest side of Valencia Heights Water District property. The residential uses are more than
100 feet away from the antenna supporting structure. Specifically, the nearest residential property,
located on a private street in unincorporated LA County on the east side of the proposed property, is
located approximately 176 feet from the proposed wireless facility. The proposed wireless facility is
located approximately 211 feet from the house itself. Therefore, the proposed wireless facility is in
compliance with the municipal code separation requirement of 100 feet.
Equipment Enclosure
The proposed mono -eucalyptus wireless facility will be located within a 358-square foot equipment
enclosure. The enclosure will feature 8-foot high solid concrete masonry block walls. The installation of
new climbing vines will surround the west fence adjacent to Heritage Park for additional security and
screening. The finished structure, including the tower element, will match the existing buildings in
materials and color, and will also provide security by separating the tower from public access.
Justification Study
Section 26-685.997(2) of the Municipal Code requires that prior to siting a new wireless communication
facility, a justification study be prepared to identify alternatives that reduce visual impacts and number of
structures. The applicant prepared an analysis evaluating the wireless carrier requirements for the
installation of a cell site to close a "significant gap." Radio signals need adequate signal strength to
achieve consistent, sustainable, and reliable service to customers at a level that is sufficient for outdoor,
in -vehicle and in -building penetration with good voice and data quality. In addition, a greater gap is
created when other nearby sites become overloaded due to wireless voice and data service usage.
Community Outreach
The applicant held a community meeting on August 23, 2021, via Zoom. Notices of the meeting were
mailed to 18 property owners and occupants within 300 feet of the property. No members of the
community attended the meeting.
FINDINGS:
The following findings are required to be supported/made in order for the decision -making body to
approve a Conditional Use Permit application:
a. That the proposed use at the particular location is necessary or desirable to provide a service or
facility which will contribute to the general well being of the neighborhood or community.
b. That such use will not, under the circumstances of the particular case, be detrimental to the
health, safety, peace or general welfare of persons residing or working in the vicinity or injurious to
property or improvements in the vicinity.
c. That the site for the proposed use is adequate in size and is so shaped as to accommodate said
use, as well as all yards, spaces, walls, fences, parking, loading, landscaping, and any other
features necessary to adjust said use to the land and uses in the neighborhood and make it
compatible therewith.
d. That the site abuts streets and highways adequate in width and improvements to carry traffic
generations typical of the proposed use and the street patterns of such a nature exist as to
guarantee that such generation will not be channeled through residential areas on local residential
streets.
e. That the granting of such conditional use permit will not adversely affect the general plan of the
city, or any other adopted plan of the city.
Section 26-685.998 of the Municipal Code requires the following additional findings for approval of
a wireless telecommunications facility:
f. The facility structures and equipment are located, designed, and screened to blend with the
existing natural environment or built surroundings so as to reduce visual impacts to the extent
feasible considering the technological requirements of the proposed telecommunications service
and the need to be compatible with neighboring residents and the character of the community.
g. The facility is designed to blend with any existing supporting structures and does not
substantially alter the character of the structure or local area.
The Planning Commission was unable to make Finding "a" because the applicant was not able to
provide quantifiable data that demonstrated that the proposed telecommunication facility is necessary or
desirable to provide a service that will contribute to the general well-being of the neighborhood. The
Planning Commission was also unable to make Finding "f' because they felt that the wireless
telecommunication facility's mono -eucalyptus design will not accomplish reasonable "stealthing" that will
allow the facility to be screened and blend with the existing natural environment or built surroundings
since it will be taller than any of the mature trees on the site and adjacent areas as demonstrated by the
applicant's "balloon test" and will be noticeably dissimilar in appearance in comparison to the other trees
in the area.
Pursuant to Section 26-212(g) of the Municipal Code, consideration of the appeal is a de novo hearing.
Following the hearing, the City Council may approve, deny or modify the matter appealed. Staff
recommends that the City Council uphold the Planning Commission's decision and deny Conditional Use
Permit No. 21-03.
LEGAL REVIEW:
The City Attorney's Office has reviewed the resolution and approved it as to form.
OPTIONS:
The City Council has the following options:
1. Deny the appeal and uphold the Planning Commission's denial of Conditional Use Permit No.
21-03; or
2. Approve the appeal and overturn the Planning Commission's denial of Conditional Use Permit No.
21-03; or
3. Provide alternative direction.
ENVIRONMENTAL REVIEW:
Pursuant to the California Environmental Quality Act (CEQA), the proposed project is considered to be
categorically exempt, pursuant to Class 3 (Section 15303 - New Construction or Conversion of Small
Structures) in that it consists of the installation a new wireless facility with equipment enclosed within a
small structure.
LARGE ATTACHMENTS:
Plans - Plans are available for review with a scheduled appointment at the Planning Division counter.
Please contact the Planning Division at (626) 939-8422 to schedule an appointment. You may also
review the plans and agenda packet at the City Clerk's Office.
Prepared by: Jo -Anne Burns
Fiscal Impact
FISCAL IMPACT:
There is no fiscal impact associated with this item.
Attachments
Attachment No. 1 - Resolution No. 2022-17
Attachment No. 2 - Planning Commission Denial Resolution
Attachment No. 3 - Appeal Letter
CITY COUNCIL GOALS & OBJECTIVES: Enhance City Image and Effectiveness
A Well -Planned Community
ATTACHMENT NO.1
RESOLUTION NO. 2022-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, UPHOLDING THE
PLANNING COMMISSION'S DECISION AND DENYING
CONDITIONAL USE PERMIT NO. 21-03 AT 3540 E.
CAMERON AVENUE
WHEREAS, the applicant, Jessica Grevin on behalf of AT&T, filed with this City a
verified application on the forms prescribed by the City under the provisions in Chapter 26, Article
VI of the West Covina Municipal Code, requesting approval of a conditional use permit to:
Allow for the installation of a 60-foot high wireless communication facility designed as a
eucalyptus tree with 12 panel antennas on certain property described as follows: 8277030028
Assessor Parcel No. 8277-030-028 as shown on the latest rolls of the Los Angeles
County Tax Assessor; and
WHEREAS, the Planning Commission, upon giving the required notice, did on October
26, 2021 and December 14, 2021 conduct a duly advertised public hearing as prescribed by law to
consider said application and adopted Resolution No. 21-6101 denying the conditional use permit
application; and
WHEREAS, on January 3, 2022, the applicant filed an appeal of the Planning
Commission's decision with the City; and
WHEREAS, the City Council, upon giving the required notice, did on February 15,
2022, conduct a duly noticed public hearing to consider the appeal and conditional use permit
application; and
WHEREAS, studies and investigations made by the City Council and on its behalf reveal
the following:
The applicant is requesting the approval of a conditional use permit to allow the
installation of 60-foot wireless telecommunications facility designed as a
eucalyptus tree located at 3540 E Cameron Avunue (Valencia Heights Water
Tanks), which is zoned "Residential Single Family" (R-1) Zone.
2. Pursuant to Section 26-246 of the West Covina Municipal Code, findings
necessary for approval of a conditional use permit are as follows:
(a) That the proposed use at the particular location is necessary or desirable to
provide a service or facility which will contribute to the general well being of
the neighborhood or community.
(b) That such use will not, under the circumstances of the particular case, be
detrimental to the health, safety, peace or general welfare ofpersons residing
or working in the vicinity or injurious to property or improvements in the
vicinity.
(c) That the site for the proposed use is adequate in size and is so shaped as to
accommodate said use, as well as all yards, spaces, walls, fences, parking,
loading, landscaping, and any other features necessary to adjust said use to
the land and uses in the neighborhood and make it compatible therewith.
(d) That the site abuts streets and highways adequate in width and improvements
to carry traffic generations typical of the proposed use and that street
patterns of such a nature exist as to guarantee that such generations will not
be channeled through residential areas on local residential streets.
(e) That the granting of such conditional use permit will not adversely affect the
general plan of the City, or any other adopted plan of the City.
3. Section 26-685.998 of the West Covina Municipal Code requires the following
findings in addition to the findings required for the approval of a conditional use
permit for approval of a wireless telecommunication facility:
(fl The facility structures and equipment are located, designed, and screened to
blend with the existing natural environment or built surroundings so as to
reduce visual impacts to the extent feasible considering the technological
requirements of the proposed telecommunication service and the need to be
compatible with neighboring residences and the character of the community.
(g) The facility is designed to blend with any existing supporting structures and
does not substantially alter the character of the structure or local area.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. On the basis of evidence presented, both oral and documentary, the City
Council finds that the following required findings for a conditional use permit cannot be made,
for the following independent reasons:
That the proposed use at the particular location is necessary or desirable to
provide a service or facility which will contribute to the general well being of the
neighborhood or community.
The applicant was not able to provide quantifiable data that demonstrated that
the proposed telecommunication facility is necessary or desirable to provide a
service that will contribute to the general well-being of the neighborhood.
Sufficient evidence was not provided to the satisfaction of the City Council to
support this finding.
f. The facility structures and equipment are located, designed, and screened
to blend with the existing natural environment or built surroundings so as to
reduce visual impacts to the extent feasible considering the technological
requirements of the proposed telecommunications service and the need to be
compatible with neighboring residents and the character of the community.
The wireless telecommunication facility's mono -eucalyptus will not accomplish
reasonable "stealthing" that will allow the facility to be screened and blend with
the existing natural environment or built surroundings. The mono -eucalyptus, as
designed, will be taller than any of the mature trees on the site and adjacent areas
as demonstrated by the applicant's "balloon test" and will be noticeably dissimilar
in appearance in comparison to the other trees in the area
SECTION 2. On the basis of evidence presented, both oral and documentary, the City
Council further finds that the denial of the applicant's appeal from the decision of the West
Covina Planning Commission does not materially limit or inhibit the applicant's ability to
compete in a fair and balanced legal and regulatory environment.
Applicant's Alternative Site Analysis report identifies several alternative sites which could
address the gap in coverage including, but not limited to, a City -owned park adjacent to the
proposed site. However, each alternative site is dismissed by applicant with a simple statement that
applicant could not agree to lease terms. Applicant has not sufficiently established that terms for
leasing alternative sites were so onerous they would materially limit or inhibit applicant.
SECTION 3. Pursuant to all of the evidence presented, both oral and documentary, and
further based on the above findings, the City Council upholds the decision of the Planning
Commission and Conditional Use Permit No. 21-03 is denied.
SECTION 4. Nothing in this resolution is intended to prohibit the applicant from applying
to the City for a wireless facility in an alternate location.
SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall
enter it into the book of original resolutions.
APPROVED AND ADOPTED on this 15th day of February, 2022.
Dario Castellanos
Mayor
APPROVED AS TO FORM
Thomas P. Duarte
City Attorney
ATTEST
Lisa Sherrick
Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina,
California, do hereby certify that the foregoing Resolution No. 2022-17 was duly adopted by the
City Council of the City of West Covina, California, at a regular meeting thereof held on the
15th day of February, 2022, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
ATTACHMENT NO. 2
PLANNING COMMISSION
RESOLUTION NO.21-6101
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST
COVINA, CALIFORNIA, DENYING CONDITIONAL USE PERMIT NO. 21-03
CONDITIONAL USE PERMIT NO.21-03
CATEGORICAL EXEMPTION
APPLICANT: Jessica Grevin on behalf of AT&T
LOCATION: 3540 E Cameron Avenue
WHEREAS, there was filed with the City, a verified application on the forms prescribed in
Chapter 26, Article VI of the West Covina Municipal Code, requesting approval of a conditional use
permit to allow for the installation of a 60-foot high wireless communication facility designed as a
eucalyptus tree with 12 panel antennas on certain property described as follows: Assessor Parcel No.
8277-030-028 as shown on the latest rolls of the Los Angeles County Tax Assessor; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 26' day of
October 2021 and on the 14t' day of December 2021, conduct a duly advertised public hearing as
prescribed by law to consider said application; and
WHEREAS, studies and investigations made by this Commission and in its behalf reveal the
following facts:
1. The applicant is requesting the approval of a conditional use permit to allow the installation of
50-foot wireless telecommunications facility designed as a eucalyptus tree located at 3540 E
Cameron Avunue (Valencia Heights Water Tanks), which is zoned "Residential Single
Family" (R-1) Zone.
2. Findings necessary for approval of a conditional use permit are as follows:
a. That the proposed use at the particular location is necessary or desirable to provide a
service or facility which will contribute to the general well-being of the neighborhood
or community.
b. That such use will not, under the circrostances of the particular case, be detrimental to
the health, safety, peace or general welfare of persons residing or working in the
vicinity or injurious to property or improvements in the vicinity.
C. That the site for the proposed use is adequate in size and is so shaped as to
accommodate said use, as well as all yards, spaces, walls, fences, parking, loading,
PAResos\2021 Resos\21-6101 CUP 21-03 3540E Cameron Aveune (Monoeucalyptus).docx
Planning Commission Resolution No. 21-6101
Conditional Use Permit No. 21-03
December 14, 2021 - Page 2
landscaping, and any other features necessary to adjust said use to the land and uses in
the neighborhood and make it compatible therewith.
d. That the site abuts streets and highways adequate in width and improvements to carry
traffic generations typical of the proposed use and that street patterns of such a nature
exist as to guarantee that such generations will not be channeled through residential
areas on local residential streets.
e. That the granting of such conditional use permit will not adversely affect the general
plan of the city, or any other adopted plan of the city.
Section 26-685.998 of the Municipal Code requires the following additional findings for
approval of a wireless telecommunications facility:
f. The facility structures and equipment are located, designed and screened to blend with
the existing natural environment or built surroundings so as to reduce visual impacts
to the extent feasible considering the technological requirements of the proposed
telecommunications service and the need to be compatible with neighboring residents
and the character of the community.
g. The facility is designed to blend with any existing supporting structures and does not
substantially alter the character of the structure or local area.
3. Pursuant to the California Environmental Quality Act (CEQA), the project is a Categorical
Exemption, Class 3 (Section 15303: New construction of small new facilities), pursuant to the
requirements of the California Environmental Quality Act of 1970 (CEQA) in that it consists
of the installation of a new wireless facility within equipment enclosed within a small structure.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of West
Covina as follows:
1. On the basis of evidence presented, both oral and documentary, the Planning Commission finds
that the following required finding for a conditional use permit cannot be made, for the following
independent reasons:
a. That the proposed use at the particular location is necessary or desirable to provide a service or
facility which will contribute to the general well-being of the neighborhood or community.
The applicant was not able to provide quantifiable data that demonstrated that the
proposed telecommunication facility is necessary or desirable to provide a service that
will contribute to the general well-being of the neighborhood. Sufficient evidence was
not provided to the satisfaction of the Planning Commission to support this finding.
f. The facility structures and equipment are located, designed, and screened to blend with the existing
natural environment or built surroundings so as to reduce visual impacts to the extent feasible
Planning Commission Resolution No. 21-6101
Conditional Use Permit No. 21-03
December 14, 2021 - Page 3
considering the technological requirements of the proposed telecommunications service and the
need to be compatible with neighboring residents and the character of the community.
The wireless telecommunication facility's mono -eucalyptus will not accomplish reasonable
"stealthing" that will allow the facility to be screened and blend with the existing natural
environment or built surroundings. The mono -eucalyptus, as designed, will be taller than any
of the mature trees on the site and adjacent areas as demonstrated by the applicant's "balloon
test" and will be noticeably dissimilar in appearance in comparison to the other trees in the
area.
2. In sum, pursuant to all of the evidence presented, both oral and documentary, and further based on the
above findings, Conditional Use Permit No. 21-03 is denied.
3. Nothing in this resolution is intended to prohibit the applicant from applying to the City for a wireless
facility in an alternate location.
I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning Commission
of the City of West Covina, at a meeting held on the 10 day of December, 2021, by the following vote:
AYES: Gutierrez, Heng, Becerra
NOES: Lewis, Williams
ABSTAIN: None
ABSENT: None
DATE: December 14, 2021
4Z2
Livier Becerra,—CRM71person
Planning Commission
Morales, Secretary
Planning Commission
ATTACHMENT NO. 3
AT&T Site ID CLL05528
West Covina CA
Appeal from Planning Commission Denial
AT&T hereby appeals the decision by the West Covina Planning Commission to deny AT&T's
application for a condition use permit to construct, operate, and maintain a stealth wireless
telecommunications facility disguised as a 60-foot tall eucalyptus tree ("mono -eucalyptus") on
water company property near Heritage Park. In addition to being disguised as a tree with
antennas fully concealed in antenna socks and behind the faux foliage, the equipment will be
fully screened. And AT&T plans to add landscaping, including planting live eucalyptus trees
near the Proposed Facility.
AT&T needs to construct the Proposed Facility to provide and improve wireless services to this
portion of the city. Specifically, AT&T needs to substantially improve LTE service to this area in
order to meet network and industry standards to provide in -building services. In addition, AT&T
plans to bring new FirstNet services — the nationwide first responder wireless communications
network — to the area. AT&T's radio frequency engineers identified a significant gap in LTE
service coverage in a large portion of West Covina, and AT&T's project team submitted
substantial evidence demonstrating that need and that significant gap consistent with industry
standards, FCC rulings, and applicable federal case law. AT&T took care to select the best
available and least intrusive site and design for the Proposed Facility. In fact, AT&T found no
other viable location from which it can address its service needs in the gap area. (See Attachment
A — Alternative Sites Analysis.)
Denial of AT&T's application violates the federal Telecommunications Act of 1996, 47 C.F.R. §
332(c)(7)(B), because (a) the decision is not supported by substantial evidence, (b) denial
effective prohibits AT&T from providing wireless services in the vicinity, and (c) denial
unreasonably discriminates against AT&T as compared to other similarly -situated service
providers.
The Planning Commission's denial is not supported by substantial evidence. The first basis for
the denial was that AT&T did not provide evidence sufficient to satisfy the Planning
Commission that the Proposed Facility is necessary. Contrary to that finding, AT&T submitted
substantial evidence based on industry -standard radio frequency engineering practices, using
industry -standard assessment tools, which identified and quantified AT&T's significant gap in
LTE coverage. Propagation maps submitted to the city along with AT&T's engineering
statement (a) explain the specific levels of service coverage needed to provide in -building, in -
vehicle, and outdoor LTE service coverage, (b) show that AT&T's existing network cannot
provide in -building LTE service throughout the entire gap area, and (c) show that the Proposed
Facility will close that gap by providing and improving LTE services to meet the in -building
standard throughout the gap area. (See Attachment B — Radio Frequency Statement.) The
Planning Commission was not satisfied because AT&T did not present "dropped call data." But
such data is not relevant here because customers making voice calls on wireless devices may (or
may not) be able to access other services. Note that federal law authorizes (indeed encourages)
AT&T to deploy multiple personal wireless services over its spectrum. In addition, there is not
existing FirstNet service in the area, so there would be no dropped call data for that service.
Thus, the Planning Commission did not rely on substantial evidence in denying AT&T's
application.
For its second basis of denial, the Planning Commission found that the proposed "mono -
eucalyptus will not accomplish reasonable `stealthing'." But the Proposed Facility is stealthed as
required by Section 26-685.989 of the West Covina Municipal Code and pursuant to additional
requests from Planning staff. Specifically, the Proposed Facility will substantially reduce visual
and aesthetic impacts from surrounding rights -of -way and adjacent properties (see Section 26-
685.989(c)(1)), AT&T will use the maximum faux branching (see Section 26-685.989(c)(3)(b)),
and AT&T proposes to install antenna "sock covers" to simulate additional branches for
additional stealthing (see Section 26-685.989(c)(3)(c)). Indeed, at the Planning Division's
request, AT&T agreed to redesign the mono -eucalyptus by using a tri-pole design rather than the
original one -pole proposal. AT&T also agreed to Planning Divisions request to use a "heavy
branched" model with branches extending at least two feet beyond the antennas. AT&T's design
will appear as a tree on a hill near the existing water tank. It will be well -designed and AT&T is
certainly willing at accept the city's maintenance approval conditions. (See Attaclunent C —
Photosimulations.) The Planning Commission did not rely on substantial evidence in deciding
that this fully -stealth and fully -compliant faux tree would somehow not blend with the
surroundings.
Even if there had been substantial evidence to support a denial, which there was not, approval
would be required by federal law because denial effectively prohibits AT&T from providing and
improving LTE service to the significant gap area. AT&T has demonstrated that it will be
material inhibited if not allowed to construct the Proposed Facility to provide and improve this
personal wireless service. And AT&T has demonstrated that it is proposing the best available
and least intrusive means to close its significant gap in LTE service. Denial would, therefore, be
an unlawful effective prohibition. Moreover, the city has not identified another available and
feasible location for AT&T's Proposed Facility even though it has the burden to do so under
applicable federal case law. (See Attachment D — Letter from AT&T Counsel.) Thus, City
Council must overturn the Planning Commission's denial and approve AT&T's application.
In addition, denial would unreasonably discriminate against AT&T. Another wireless services
provider has been allowed to construct a mono -eucalyptus wireless telecommunications facility
in a similar location in the city. Upholding the denial would, therefore also violate the Act's anti-
discrimination provision.
AT&T urges the City Council to overturn the Planning Commission's denial and to approve its
application.
1640406M
Alternative Sites Analysis
at&t
AT&T Mobility
Wireless Telecommunications Facility
at
3540 East Cameron Avenue
West Covina, CA 91791
Site ID: CLL05528
Introduction
New Cingular Wireless PCS, LLC d/b/a AT&T Mobility ("AT&T") has a significant gap in its
service coverage in the City of West Covina. AT&T proposes to construct a 60-foot tall wireless
communications facility ("WCF") disguised as a eucalyptus tree ("mono -eucalyptus")
("Proposed Facility") as a means to fill this gap in coverage. The Proposed Facility consists of
twelve panel antennas (three sets of four antennas) with a top height of 58 feet above ground, and
topped with an additional two -foot crown of faux branches. The related equipment will be
housed in an adjacent equipment area at the base of the mono -eucalyptus and surrounded by a 8-
foot tall CMU wall, with climbing vines as additional landscaping. A backup generator will be
placed near the existing water tank, and two new live eucalyptus trees will be placed on site to
further conceal the equipment and blend in with the mono -eucalyptus. The Proposed Facility is
the least intrusive means to fill the significant gap of the alternatives investigated by AT&T as
explained below.
Objective
AT&T Mobility has identified a significant gap in its service coverage in the City of West
Covina, in an area roughly bordered by East Virginia Avenue to the north, Palomino Drive to
east, East Country Hollow Drive to the south, and Barranca Street to the west. The Proposed
Facility will improve coverage to hundreds of homes in several neighborhoods, parks, a high
school, and other points of interest in the immediate vicinity. The service coverage and
objectives, including need to improve signal strength on AT&T's wireless network, in this
portion of West Covina, are described in the accompanying Radio Frequency Statement.
Methodology and Zoning Criteria
The location of a WCF to fill a significant gap in coverage is dependent upon topography,
changes in elevation, zoning, existing structures, collocation opportunities, available utilities,
access and a willing landlord. Wireless communication is line -of -sight technology that requires
WCFs to be in relatively close proximity to the wireless handsets to be served.
AT&T seeks to fill a significant gap in service coverage using the least intrusive means under the
values expressed in the City of West Covina Municipal Code, including Section 26-685.988,
providing development standards for wireless telecommunication facilities, Section 26-685.989,
providing design standards for wireless telecommunication facilities, Section 26-685.997,
regarding application requirements, and Section 26-685.988. providing findings for wireless
telecommunication facilities.
2
Analysis
AT&T developed a search area to identify the area where a new wireless telecommunications
facility needs to be located to close AT&T's significant service coverage gap in this portion of
West Covina. AT&T searched for, but did not identify, viable collocation opportunities in the
gap area. AT&T also searched for sites on city -owned property, but AT&T and the city were
unable to agree on lease terms. The following map shows the locations of the Proposed Facility
(green pin), and the alternative sites that AT&T investigated (yellow pins).
Location of Candidate Sites
Proposed Facility — Mono -eucalyptus, Valencia Water District, 3540 East Cameron Avenue
Conclusion: Based upon location, a willing landlord and the superior service as shown in the
proposed coverage map included in AT&T's Radio Frequency Statement, the Proposed Facility
is the least intrusive means for AT&T to meet its service objectives.
The project location is a residential -zoned parcel with a nonresidential use, the water tanks
owned and operated by Valencia Water Company. Consistent with City Code Section 26-
685.988(c)(1), AT&T proposes a 60-foot tall communications facility disguised as a eucalyptus
tree near one of the water tanks on this property. Specifically, the Proposed Facility consists of
twelve panel antennas (three sets of four antennas) with a top height of 58 feet above ground, and
topped with an additional two -foot crown of faux branches. The related equipment will be
housed in an adjacent equipment area at the base of the mono -eucalyptus and surrounded by a 8-
foot tall CW wall, painted desert tan and with climbing vines as additional landscaping. A
backup generator will be placed near the existing water tank, and two new live eucalyptus trees
will be placed on site to further conceal the equipment and blend in with the mono -eucalyptus.
Existing trees will be retained. The Proposed Facility is the least intrusive means to fill AT&T's
significant service coverage gap.
Alternative 1— Heritage Park
Conclusion: Unavailable; more intrusive than Proposed Facility
This city -owned park is located adjacent to the primary candidate. AT&T and the city could not
agree to lease terms to place a new WCF in this park.
Alternative 2 — City Water Tanks near Hooper Drive
Conclusion: Unavailable; more intrusive than Proposed Facility
This city property houses city -owned water tanks located approximately one-third of a mile to
the south from the Proposed Facility. AT&T and the city could not agree to lease terms to place a
new WCF in this park. A wireless telecommunication facility here would be nearer to residents
than the Proposed Facility.
Alternative 3 — Open Space near Grand Avenue
Conclusion: Unavailable
This raw land open space property is located beyond the terminus of San Gabriel Valley Drive,
approximately 0.4 mile to the southeast from the Proposed Facility. The property is owned by a
developer who declined to lease space to AT&T for a WCF.
7
Alternative 4 — Open Space near Grand Avenue
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Conclusion: Unavailable
This raw land open space property is located beyond the terminus of San Gabriel Valley Drive,
approximately half a mile to the southeast from the Proposed Facility. The property is owned by
a developer who declined to lease space to AT&T for a WCF.
0
Alternative 5 — South Hills High School
Conclusion: Unavailable
This high school is located approximately 0.8 mile to the northwest from the Proposed Facility.
The school district declined interest in leasing space to AT&T for the Proposed Facility.
Conclusion
The Proposed Facility is the least intrusive means by which AT&T can close its significant
service coverage gap. Denial of the site will materially inhibit AT&T from providing and
improving wireless service in this portion of the city.
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AT&T Mobility Radio Frequency Statement
3540 East Cameron Avenue, West Covina, CA 91791
I am the AT&T radio frequency engineer assigned to the proposed wireless communications
facility at 3540 East Cameron Avenue, West Covina, CA ("Property"). Based on my personal knowledge
of the Property and with AT&T's wireless network, as well as my review of AT&T's records with respect
to the Properly and its wireless communications facilities in the surrounding area, I have concluded that
the work associated with this permit request is needed to close a significant service coverage gap in LTE
service coverage, and to deploy new FirstNet service — the first -ever nationwide first -responder wireless
network — in an area roughly bordered by East Virginia Avenue to the north, Palomino Drive to east, East
Country Hollow Drive to the south, and Barranca Street to the west. The Proposed Facility will improve
coverage to hundreds of homes in several neighborhoods, parks, a high school, and other points of interest
in the immediate vicinity.
In addition to improving overall coverage, increasing data speed is critical to providing the
mobile experience customers demand and to manage the unprecedented increase in mobile data usage on
AT&T's network. AT&T has experienced an estimated 470,000% increase in mobile data use on its
network since the release of the iPhone in 2007. AT&T forecasts its customers' growing demand for
mobile data services to continue. The increased volume of data travels to and from customers' wireless
devices and AT&T's wireless infrastructure over limited airwaves — radio frequency spectrum that
AT&T licenses from the Federal Communications Commission.
Spectrum is a finite resource and there are a limited number of airwaves capable and available for
commercial use. To ensure service quality, AT&T must knit together its spectrum assets to address
customers' existing usage and forecasted demand for wireless services, and it must use its limited
spectrum in an efficient manner
AT&T uses high -band (i.e., 2300 MHz, 2100 MHz, and 1900 MHz) and low -band (i.e., 850 MHz
and 700 MHz) spectrum to provide wireless service. Each spectrum band has different propagation
characteristics and signal quality may vary due to noise or interference based on network characteristics at
a given location. To address this dynamic environment, AT&T deploys multiple layers of its licensed
spectrum and strives to bring its facilities closer to the customer. The geographic area covered by a given
site is determined by factors such as site elevation, local topography and customer usage patterns for the
area. Sites must also be located with reference to other sites in the network to provide seamless mobile
connectivity while also avoiding interference with one another.
The pfimary issue that is causing AT&T's significant service coverage gap is that there is
inadequate infrastructure in the vicinity of the Property to provide in -building and in -vehicle LTE service
to this portion of West Covina. AT&T currently has existing sites in the broader geographical area
surrounding the Property but, as Exhibit 1 illustrates, these existing sites do not provide sufficient in -
building LTE service in the gap area and does not provide sufficient in -vehicle service along significant
routes in the city. The proposed facility is necessary to improve signal strength and signal quality in the
area, which will improve overall coverage and increase data rates necessary for customers to receive
consistently reliable wireless service. Any areas that do not meet these minimal standards represent a
service coverage gap that must be closed.
The proposed facility at the Property will help close the gap in coverage and help address rapidly
increasing data usage driven by smart phone and tablet usage. This site is part of an effort to fully deploy
4G LTE technology in the area. Specifically, the proposed facility will close this service coverage gap and
provide reliable 4G LTE service for AT&T customers in the affected area. 4G LTE is capable of
delivering speeds up to 10 times faster than industry -average 3G speeds. LTE technology also offers
lower latency, or the processing time it takes to move data through a network, such as how long it lakes to
start downloading a webpage or file once you've sent the request. Lower latency helps to improve the
quality of personal wireless services. What's more, LTE uses spectrum more efficiently than other
technologies, creating more space to carry data traffic and services and to deliver a better overall network
experience.
The proposed facility at the Properly is also a part of AT&T's commitment to supporting public
safety through its partnership with FirstNel, the federal First Responder Netavofk Authority. Conceived by
the 9/11 Commission Report as necessary for first responder communications, Congress created the
federal First Responder Network Authority, which selected AT&T to build and manage FirslNet, the first -
ever nationwide first -responder wireless network. The proposed facility will provide new service on Band
14, which is the nationwide high -quality spectrum set aside by the U.S. government for public safety.
Deployment of FirslNet in the subject area will improve public safety by putting advanced wireless
technologies into the hands of public safety agencies and first responders.
To meet its coverage objectives, AT&T needs to construct a new wireless communications
facility. Wireless lelecomnunnications is a line -of -sight technology, and AT&T's antennas need to be in
the gap area and at an elevation capable of propagating an effective signal throughout the gap area. To
meet its service objectives for this gap area, AT&T proposes to install a new wireless telecommunications
2
facility disguised as a eucalyptus tree. Denial of this proposed facility or a reduction in height would
materially inhibit AT&T's ability to provide and improve wireless services in this portion of the city.
It is important to understand that service problems can and do occur for customers even in
locations where the coverage maps on AT&T's "Coverage Viewer" website appear to indicate that
coverage is available. As the legends and links to the Coverage Viewer maps indicate, these maps display
approximate outdoor coverage. Actual coverage in an area may differ from the website map graphics, and
it may be affected by such things as terrain, weather, network changes, foliage, buildings, construction,
signal strength, high -usage periods, customer equipment, and other factors.
It is also important to note that the signal losses, slow data rates, and other service problems can
and do occur for customers even at times when certain other customers in the same vicinity may not
experience any problems on AT&T's network. These problems can and do occur even when certain
customers' wireless phones indicate coverage bars of signal strength on the handset. The bars of signal
strength that individual customers can see on their wireless phones are an imprecise and slow -to -update
estimate of service quality. In other words, a customer's wireless phone can show coverage bars of signal
strength, but that customer will still, at times, be unable to initiate voice calls, complete calls, or download
data reliably and without service interruptions due to service quality issues.
AT&T uses industry standard propagation tools to identify the areas in its network where signal
strength is too weak to provide reliable in -building service quality. This information is developed from
many sources including terrain and clutter databases, which simulate the environment, and propagation
models that simulate signal propagation in the presence of terrain and clutter variation. AT&T designs
and builds its wireless network to ensure customers will receive reliable in -building service quality. This
level of service is critical as customers increasingly use their mobile phones as their primary
communication devices. According to the Center for Disease Control and Prevention (CDC), more than
8 1 % of California adults, and more than 98% of Californians under age 18, rely exclusively or primarily
on wireless communications in their homes. And California households rely on their mobile phones to do
more (E911, video streaming, GPS, web access, text, etc.). In fact, the FCC conservatively estimates that
72% of 911 calls are placed by people using wireless phones.
Exhibit 1 to this Statement is a map of the existing LTE service coverage (without the proposed
installation at the Property) in the area at issue. It includes LTE service coverage provided by existing
AT&T sites. The green shaded areas of the map depict acceptable in -building coverage. In -building
coverage means customers are able to place or receive a call on the ground floor of a building. The yellow
shaded areas depict areas within a signal strength range that provide acceptable in -vehicle service
3
coverage. In these areas, an AT&T customer should be able to successfully place or receive a call within a
vehicle. The pink shading and unshaded (white) areas are areas within a signal strength range in which a
customer might have difficulty receiving a consistently acceptable level of service. The quality of service
experienced by any individual customer can differ greatly depending on whether that customer is indoors,
outdoors, stationary, or in transit. Art), area in the yellow, pink, or while category is considered inadequate
service coverage and constitutes a service coverage gap.
Exhibit 2 is a map that predicts L'I'E service coverage based on signal strength in the vicinity of
the Property if the proposed facility is constructed as proposed in the application. As shown by this map,
constructing the proposed facility at the Property closes this significant service coverage gap.
Specifically, this map depicts a large new area of in -building service coverage (in green) throughout the
defined gap area.
My conclusions are based on my knowledge of the Property and with AT&T's wireless network,
as well as my review of AT&T's records with respect to the Property and its wireless telecommunications
facilities in the surrounding area. I have a Bachelor Degree in Electronics and Communications from the
University of Mysore, India, and have worked as an engineering expert in the wireless communications
industry for more than 26 years.
Mahet� Kolar
Mahesh Kolur
AT&T Mobility Services LLC
Network, Planning & Engineering
RAN Design & RF Engineering
December 2021
153113350
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Aaron M. Shank
December 7, 2021
ashank®Porterwright.com
Porter Wright
Morris & Arthur LLP
VIA EMAIL,
41 South High Street
00
Suites z H432
Columbubus, OH 43216
West Covina PlanningCommission
(Planning_ Deut(&_westcovina.ore)
Direct: 614.227.2110
Fax: 614.227.2100
City Hall
Main: 614.227,2000
1444 West Garvey Avenue
West Covina, CA 91790
www.porterwright.00m
of l tArwright
RE: AT&T Application for Wireless Telecommunication Facility
1
3540 East Cameron Avenue
CHICAGO
CINCINNATI
CLEVELAND
earPlanning
Dear Commissioners:
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LUMeus
cOLUMBUS
DAYTON
NAPLES
I write on behalf of New Cingutar Wireless PCS, LLC d/b/a
PITTSBURGH
AT&T Mobility (AT&T), to respectfully request that the Planning
WASHINGTON. DC
Commission approve AT&T's application for a conditional use permit
seeking to place a new stealth wireless communications facility
disguised as a eucalyptus tree ("Proposed Facility") on water company
property and with landscaping, including planting eucalyptus trees near
the Proposed Facility. AT&T's Proposed Facility will provide and
improve critical wireless services to the area. This well -designed
facility will minimize visual impacts and it is the best available and
least intrusive means to close AT&T's significant service coverage gap
in this portion of the city.
Specifically, AT&T carefully selected this property and design
based on the design and development standards under the West Covina
Municipal Code ("City Code"). The Proposed facility is needed to close
a significant gap in LTE service coverage in a large portion of the city,
and to provide new wireless service to first responders as part of
FirstNet, the national first responder network authority. AT&T's
application, including additional materials submitted recently, explain
the data and details supporting AT&T's needs and service objectives
here. This letter also offers context of applicable federal laws that guide
the analysis and support the approval of AT&T's application.
AT&T's Proposed Facility
As explained in its application and the administrative record,
AT&T has identified a significant gap in service coverage in the
vicinity of the Proposed Facility. Because AT&T's existing wireless
West Covina Planning Commission
December 7, 2021
Page 2
infrastructure is insufficient to address this gap, AT&T needs to deploy a new wireless
communications facility in this area.' Following a review of alternative locations, AT&T
identified the proposed site following a comprehensive search for alternative sites throughout the
gap area. AT&T's site analysis and selection efforts are summarized in the Alternative Sites
Analysis that AT&T prepared and submitted as part of the application record?
AT&T's project team worked hard to develop the best stealth design possible, consistent
with the standards under the City Code. AT&T is particularly proud of the proposed design
which will hardly be noticeable as anything other than another eucalyptus tree among other trees
and vegetation on this water tank property. As shown by the photosimulations of the Proposed
Facility that were submitted with the application, including additional photosimulations prepared
and submitted per your request during the October 26, 2021 hearing on AT&T's application, this
facility will blend well with its surroundings and will have a minimal visual impact.
AT&T Needs the Proposed Facility to Provide and Improve Wireless Services
AT&T's radio frequency engineers have identified a significant gap in service coverage
in West Covina, including a large area that is roughly bordered by East Virginia Avenue to the
north, Palomino Drive to east, East Country Hollow Drive to the south, and Barranca Street to
the west. AT&T's submitted Radio Frequency Statement explains that this portion of West
Covina includes hundreds of homes in several neighborhoods, parks, a high school, and well -
traveled roads in the area.
The Proposed Facility will improve critical wireless services to the area, which are
needed now more than ever, especially as customers increasingly use their mobile phones as
their primary communication devices. The Center for Disease Control and Prevention studies the
extent of mobile phone use, and recently found more than 81 % of California adults, and more
than 98% of Californians under age 18, rely exclusively or primarily on wireless
communications in their homes.' Additionally, customers rely on their mobile phones to do
much more than just voice communication, including E911 service, video streaming, GPS,
Internet access, and texting,
In fact, in its most recent annual report to the United States Congress, the Federal
Communications Commission conservatively estimated that at least 72% of 911 calls are placed
by people using wireless phones.' In addition to significantly improving LTE services in this
large area, AT&T's Proposed Facility will bring important new wireless services to support
t See Attachment A — Radio Frequency Statement
2 See Attachment B - Alternative Sites Analysis
r See Wireless Substitution: Slate -level Estbnales front the National Health Interview Survey, 2019, available at
httos://www.cdc.gov/nchs/data/nhis/earlyreleaserWireless state 202108-508.pdf.
See Twelfh Annual Report to Congress on State Collection and Distribution of 911 and Enhanced 91 / Fees and
Charges (Dec. S. 2020), available at httys://www.fec.pov/file/20178/download.
West Covina Planning Commission
December 7, 2021
Page 3
public safety through AT&T's partnership with FirstNct, the national First Responder Network
Authority, and will improve public safety by providing advanced communications capabilities to
assist public safety agencies and first responders.
Approval of AT&Ts Proposal Coerports with Federal Law
The federal Telecommunications Act of 1996, 47 U.S.C. § 332 ("Act") provides rights to
wireless service providers and establishes limitations upon state and local zoning authorities with
respect to applications for permits to construct personal wireless service facilities. The United
States Supreme Court has explained that the Act was enacted in part to prioritize and streamline
deployment of wireless technologies on a national basis.' Indeed, rapid deployment of wireless
telecommunications facilities, like the Proposed Facility, is an important national issue,
especially given the trend of Americans eliminating traditional landline telephone service in
favor of wireless communications.
The Act defines the scope and parameters of the city's overall review of AT&T's
Application. Under the Act, the city's review of AT&T's applications must be based on
substantial evidence,6 The "substantial evidence" requirement means that a local government's
decision must be "authorized by applicable local regulations and supported by a reasonable
amount of evidence."' In other words, a local govertmlent must have specific reasons that are
both consistent with the local regulations and supported by substantial evidence in the record to
deny a permit. Local governments, therefore, cannot deny an application on an issue for which
the facility complies with the local regulations (e.g., a locality cannot deny an application based
on facility height where facility height will comply with the local code). Nor can a local
government deny a pennit application based on generalized concerns about aesthetics.' And
local govenunents are specifically precluded from considering any alleged effects of radio
frequency emissions in making decisions as to the siting of wireless telecommunications
5 City ofRancho Palos Verdes v. Abrams, 544 U.S. 113, 1 15-16 (2005) ("Congress enacted the Telecommunications
Act of 1996 (TCA), 110 $tat. 56, to promote competition and higher quality in American telecommunications
services and to `encourage the rapid deployment of new telecommunications technologies.' Ibid. One of the means
by which it sought to accomplish these goals was reduction of the impediments imposed by local governments upon
the installation of facilities for wireless communications, such as antenna towers.").
147 U.S.C. § 332(c)(7)(B)(iii).
7 Memo PCS, 111c. v. Chy and County of San Finncisco, 400 F.3d 715, 725 (9(h Cir, 2005), abrogated on other
grounds, T-Mobile South, LLC v, City of Roswell, 135 S.Ct. 808 (2015).
8 See, e.g., See California RSA No. 4 v. Madera Coma),, 332 F.Supp.2d 1291, 1308-09 (E.D. Cal. 2003) (explaining
"generalized expressions of concern regarding aesthetics or the effect on property values" fail to meet the substantial
evidence threshold under the Act), citing Onunpolnt Corp. v. Zoning Hearing Bd., 181 F.3d 403, 409 (3d Cir.1999);
Cellular Telephone Co. v. Town of Oyster Bay, 166 F.3d 490 (2nd Cir. 1999); Telespectrunr v. Public Sen+ice
Corn'n. of Kentucky, 227 F.3d 414 (6th Cir. 2000); Preferred Sites, LLC v. Dvup County, 296 F.3d 1210, 1219 (11th
Cir. 2002).
West Covina Planning Commission
December 7, 2021
Page 4
facilities "to the extent such facilities comply with the FCC's regulations concerning such
emissions.i9
The Act also prohibits a local government from denying an application for a wireless
telecommunications facility where doing so would "prohibit or have the effect of prohibiting the
provision of personal wireless services.i10 Courts have found an "effective prohibition" exists
where a wireless provider demonstrates (1) a significant gap in wireless service coverage, and (2)
that the proposed facility would provide the "least intrusive means," in relation to the land use
values embodied in local regulations, to provide the service coverage necessary to fill that gap.''
Federal courts ]told that the need to provide in -building LTE services to residential areas
qualifies as a significant service coverage gap." Under this judicial test, if a wireless cal -tier
satisfies both of these requirements, state and local standards that would otherwise be sufficient
to permit denial of the facility are preempted and the municipality must approve the wireless
facility.11 When a wireless provider presents evidence of a significant gap and the absence of a
less intrusive alternative, the burden shifls to the local government to prove that a less intrusive
alternative exists. In order to meet this burden (and overcome the presumption in favor of federal
preemption), the local government must show that another alternative is available that fills the
significant gap in coverage, that it is technically feasible, and that it is less intrusive than the
proposed facility.14
More recently, the FCC has confirmed its rulings that an effective prohibition occurs
whenever the decision of a local government materially inhibits wireless services,15 and last year
this material inhibition standard was again upheld by the Ninth Circuit." The FCC explained that
the "effective prohibition analysis focuses on the service the provider wishes to provide,
947 U.S.C. § 332(c)(7)(B)(iv).
io 47 U.S.C. § 332(c)(7)(B)(i)(tq.
See e.g., Metro PC$ Inc„ 400 F.3d at 734-35; Sprint PCSAssels, LLC v. City of Palos Verdev Estates, 583 F.3d
716, 726 (9(h Cir. 2009).
12 See, e.g., T-Mobile W Cotp. v. CiO, of Huntington Beach, No. CV 10-2835 CAS (Ex), 2012 U.S. Dist. IMIS
148170 (CD. Cal. Oct. 10, 2012); T-Mobile W. Corp. v. City of Agoura Hi1Ls, No. CV-09-9077 DSF (PJWx), 2010
U.S. Dist, LEXIS 134329 (CD. Cal Dec. 20, 2010); Melt oPCS v. City & Count), q{'S'an Francisco, No. C-02-3442
PJII, 2006 U.S. Dist. Lexis 43985 at *33-34 (N.D. Cal. June 16, 2006) (a gap in a provider's in -building coverage
that consists of more than a few isolated pockets of inadequate in -building coverage suffices to show a significant
gap exists), on remand from 400 F.3d 715 (9th Cir.2005) ("where coverage holes are large or frequent in number
and size, or extend to the interior of buildings in urban areas or to a significant number of residences in well -
populated areas, such coverage holds are actionable under the [Act],"),
See T-Ahibile USA, Inc. v. City ofAnacortes, 572 F.3d 987, 999 (9th Cir. 2009); City ofAgotma Hills, supra.
4 City ofAnacortes, 572 F.3d at 998-999.
1s See Accelerating Wireless Broadband Deplgytnent by Removing Barriers to lnfi•astruchtre lnveshnent,
Declaratory Ruling and Third Report and Order, FCC 18.133 (September 27, 2018) ('Infrastructure Order") at ¶ 35;
see also, In the Matter of California Payphone Association Petition for Preemption, Etc., Opinion and Order, FCC
97-251, 12 FCC Red 14191 (July 17, 1997).
lfi Ciq, of'Portland v. United States, 969 F.3d 1020, 1034-35 (9th Cir. 2020), cent. denied, City of Portland v. United
States, 141 S.Ct.2855 (2021).
West Covina Planning Commission
December 7, 2021
Page 5
incorporating the capabilities and performance characteristics it wishes to employ, including
facilities deployment to provide existing services more robustly, or at a better level of quality, all
to offer a more robust and competitive wireless service for the benefit of the public.s17 Thus, a
local government "could materially inhibit service in numerous ways — not only by rendering a
service provider unable to provide existing service in a new geographic area or by restricting the
entry of a new provider in providing service in a particular area, but also by materially inhibiting
the introduction of new services or the improvement of existing services.s18 In fact, the FCC
reiterated these conclusions earlier this year, as well as continuing a locality's reciprocal burden
of proof in the effective prohibition analysis.19
Here, AT&T has demonstrated its significant service coverage gap in the vicinity of the
Proposed Facility. AT&T's radio frequency propagation maps that AT&T has submitted in
connection with this application, which are also exhibits to the Radio Frequency Statement,
depict the service coverage gap that AT&T is experiencing in this portion of West Covina. The
Radio Frequency Statement explains that these maps were prepared using industry -standard
modeling software that AT&T's engineers use to plan and build its wireless network. The
statement explains that this program uses multiple data sources, including terrain and clutter
databases, to develop real -world depictions of signal strength. These maps show that AT&T
lacks adequate in -building LTE wireless service in this significant portion of the city. The
proposed service coverage from the Proposed Facility is depicted in the coverage maps. As you
can see, placing the Proposed Facility in this location will close AT&T's significant service
coverage gap in this area.
In addition, AT&T has a significant service coverage gap with respect to FirstNet
services in this same significant geographic area. AT&T does not currently provide FirstNet
services in the gap area, so no comparison of propagation maps is needed here. The FirstNet
service, which is deployed over AT&T's LTE architecture, will provide this new wireless service
specifically for first responders in this area.
AT&T has also demonstrated that no less intrusive locations are available and feasible to
close the gap. There were no existing collocation opportunities,20 and AT&T and the city were
unable to negotiate lease terns for potential sites on multiple city properties." Open space sites
in development are unavailable because the developer would not lease space to AT&T. The only
lr Infrastructure Order at n. 95,
18 Id. at 1137.
19 See in the Matter of Petition for Declaratory Ruling that Clark County, Nevada Ordinance No, 4659 is Unlawftd
Under Section 253 of the Communications Act as Interpreted by the Federal Communications Conanixsion and Is
Preempted, Order, DA 21-59, WT Docket No. 19-230 (January 14, 2021), at 118.
10 West Covina Municipal Code § 26-685.997(3) expresses a preference for collocation.
21 West Covina Municipal Code § 26-685.988(a)(1) expresses a preference to place wireless telecommunications
facilities on city -owned properties. Note also that the city may not require placement of wireless
telecommunications Facilities on sites owned by a specific property owner. See Cal Govt Code § 65964(c).
West Covina Planning Commission
December 7, 2021
Page 6
remaining property without a residential use is the proposed site at the Valencia Water Company
property.22 The Proposed Facility is not only the best available and least intrusive means, it is the
only way for AT&T bring critical wireless services to the area, including in -building LTE and
FirstNet services. Approval of AT&T application, therefore, will avoid an unlawful effective
prohibition of wireless services.
Response to Criticisms and Requests for Information
Some residents expressed concerns about the Proposed Facility, and the Planning
Commission made three specific requests ot'AT&T in connection with continuing the public
hearing on the application. Although AT&T held a community meeting (which no members of
the public attended) and submitted a complete application pursuant to the West Covina
Municipal Code, AT&T has now submitted additional information, and offers these additional
explanations, furthering demonstrating its compliance with local regulations and the need for
approval of its application.
Significant Service Coverage Gap
AT&T's gap in its LTE service coverage in this large area of the city is measured using
industry -standard network design tools and signal strength propagation maps that depict existing
LTE covet -age and predicted LTE coverage after the Proposed Facility is constructed and on air.
In -building service is vital for customers and a service -level gap in in -building signal strength is
an actionable coverage gap. These engineering calculations are based on specific set -vice levels
(identified by dbm level on AT&T's propagation maps) of a specific wireless service (LTE). The
gap area is significant because it encompasses nearly 1.5 square miles and includes hundreds of
homes, parks, and a high school. The gap is also significant because it includes well -traveled
roads, including Grand Avenue, Cameron Avenue, and Hillside Drive.
Some members of the public and at Commissioners asked about the number of dropped
calls. But dropped calls is only one metric that may or may not trigger need for a particular site.
Here, instead, the key metric that triggers the need for the Proposed Facility is the inadequate
signal strength throughout the area. The propagation maps clearly show the signal strength
throughout the entire gap area is inadequate to support in -building LTE service. It is signal
strength that AT&T must improve in order to bring LTE service to the gap area. Denial of the
application based oil a misapprehension for the basis of the need would clearly violate the Act by
materially inhibiting AT&T from providing and improving LTE services.
In addition, there is no existing FirstNet service in the gap area. No data are required to
show the complete absence of a service that is not yet offered. This service, which will greatly
" West Covina Municipal Code § 26-685.984(a)(3) authorizes placing wireless teteconununications facilities on
residential -zoned properties without residential uses.
West Covina Planning Commission
December 7, 2021
Page 7
benefit the community by providing services dedicated for first responders, will be new to the
area. Thus, AT&T has a complete gap in FirstNet services in the area, and denial of its
application will act as an unlawful general ban of those services in the gap area.
Above -Ground Equipment.
The City Code does not mandate undergrounding equipment on non -city property.
Nevertheless, AT&T investigated whether its equipment could be vaulted at the site. On the basis
of soil samples and site inspection, the engineering conclusion is that a vault is not feasible.23
This issue initially arose from a Commissioner's concerns about graffiti, which were
echoed by others during the Planning Commission hearing. AT&T understands that the water
company has not experienced issues with graffiti, and is committed to keeping it that way.
Further, AT&T is now proposing climbing vines and other design features to discourage graffiti.
And AT&T will accept a condition of approval to remove graffiti within 72 hours of notice.
Photosimulations.
AT&T's application included numerous photosimulations that were prepared based on a
balloon test that it conducted to depict the Proposed Facility at the proposed height of 60 feet
above finished grade.21 And in response to the Planning Commission's request, AT&T
conducted a further balloon test and prepared additional photosimulations depicting the Proposed
Facility. As you can see from the photosimulations, the Proposed Facility will look like a
eucalyptus tree and it will meet all specifications under the City Code for faux trees. 25
As to aesthetics, besides simply appearing as a tree on a hillside near many other trees,
the Proposed Facility will blend well into the natural and built environment, reduce visual
impacts to the extent feasible, and blend with the character of the property and local area.26
AT&T recognizes that some residents expressed concern over aesthetics, referring mainly to
"bell lowers" as a whole, without recognizing the stealth nature of the Proposed Facility. These
generalized aesthetic concerns are not substantial evidence that can support denial. Still, AT&T
is committed to making the Proposed Facility as aesthetic as feasible. Thus, it is proposing to add
live eucalyptus trees and landscaping at the site, and it has recently added vines to conceal its
equipment.
21 See Attachment C DCI Pacific, Inc. Letter (Nov. 30, 2021).
24 West Covina Municipal Code § 26-685.988(c)(1) allows freestanding wireless facilities up to 60 feet above
finished grade.
25 See West Covina Municipal Code § 26-685.989(c).
26 See West Covina Municipal Code § 26.685.998.
West Covina Planning Commission
December 7, 2021
Page 8
Conclusion
AT&T is diligently seeking to upgrade its wireless network to provide adequate quality
LTE service and to introduce FirstNet services to this part of West Covina. AT&T's design and
proposed solution meets the city's standards, and AT&T has shown that federal law strongly
supports (indeed, mandates) approval. I urge the Planning Commission to approve AT&T's
conditional use application for the Proposed Facility.
JSincer ly, I/^
' V
`-Aaron hank
Attachment A
- Radio Frequency Statement
Attaclunent B
- Alternative Sites Analysis
Attachment C
- DCI Pacific, Inc. Letter
cc: David Cannany, West Covina City Manager (dearmany(alwestcovina.ora)
Camillia Martinez, Assistant Planner (cmartinez2(a)westeovina.org)
163201660
ATTACHMENT A
AT&T Mobility Radio Frequency Statement
3540 East Cameron Avenue, West Covina, CA 91791
I am the AT&T radio frequency engineer assigned to the proposed wireless communications
facility at 3540 East Cameron Avenue, West Covina, CA ("Property"). Based on my personal knowledge
of the Property and with AT&T's wireless network, as well as my review of AT&T's records with respect
to the Property and its wireless communications facilities in the surrounding area, I have concluded that
the work associated with this permit request is needed to close a significant service coverage gap in LIE
service coverage, and to deploy new FirstNet service — the first -ever nationwide first -responder wireless
network — in all area roughly bordered by East Virginia Avenue to the north, Palomino Drive to east, East
Country Hollow Drive to the south, and Barranca Street to the Nvest. The Proposed Facility will improve
coverage to hundreds of homes in several neighborhoods, parks, a high school, aid other points of interest
in the immediate vicinity.
In addition to improving overall coverage, increasing data speed is critical to providing the
mobile experience customers demand and to manage the unprecedented increase in mobile data usage on
AT&T's network. AT&T has experienced an estimated 470,000% increase in mobile data use on its
network since the release of the Whom in 2007. AT&T forecasts its customers' growing demand for
mobile data services to continue. The increased volume of data travels to and from customers' wireless
devices and AT&T's wireless infrastructure over limited airwaves — radio frequency spectrum that
AT&T licenses from the Federal Communications Commission.
Spectrum is a finite resource and there are a limited number of airwaves capable and available for
commercial use. To ensure service quality, AT&T must knit together its spectrum assets to address
customers' existing usage and forecasted demand for wireless services, and it must use its limited
spectrum in an efficient manner.
AT&T uses high -baud (i.e., 2300 MHz, 2100 MHz, and 1900 MHz) and low -band (i.e., 850 MHz
and 700 MHz) spectrum to provide wireless service. Each spectrum band has different propagation
characteristics and signal quality may vary due to noise or interference based on network characteristics at
a given location. To address this dynamic environment, AT&T deploys multiple layers of its licensed
spectrum and strives to bring its facilities closer to the customer. The geographic area covered by a given
site is determined by factors such as site elevation, local topography and customer usage patterns for the
area. Sites must also be located with reference to other sites in the network to provide scamless mobile
connectivity while also avoiding interference with one another.
The primary issue that is causing AT&T's significant service coverage gap is that there is
inadequate infrastructure in the vicinity of the Property to provide in -building and in -vehicle LTE service
to this portion of West Covina. AT&T currently has existing sites in the broader geographical area
surrounding the Property but, as Exhibit I illustrates, these existing sites do not provide sufficient in -
building LTE service in the gap area and does not provide sufficient in -vehicle service along significant
routes in the city. The proposed facility is necessary to improve signal strength and signal quality in the
area, which will improve overall coverage and increase data rates necessary for customers to receive
consistently reliable wireless service. Any areas that do not meet these minimal standards represent a
service coverage gap that must be closed.
The proposed facility at the Property will help close the gap in coverage and help address rapidly
increasing data usage driven by smart phone and tablet usage. This site is part of an effort to fully deploy
4G LTE technology in the area. Specifically, the proposed facility will close this service coverage gap and
provide reliable 4G LTE service for AT&T customers in the affected area. 4G LTE is capable of
delivering speeds up to 10 times faster than industry -average 3G speeds. LTF, technology also offers
lower latency, or the processing time it takes to move data through a network, such as how long it takes to
start downloading a webpage or file once you've sent the request. Lower latency helps to improve the
quality of personal wireless services. What's more, LTE uses spectrum more efficiently than other
technologies, creating more space to carry data traffic and services and to deliver a better overall network
experience.
The proposed facility at the Property is also a part of AT&T's commitment to supporting public
safety through its partnership with FirstNet, the federal First Responder Network Authority. Conceived by
the 9111 Commission Report as necessary for first responder communications, Congress created the
federal First Responder Network Authority, which selected AT&T to build and manage FirstNet, the first -
ever nationwide first -responder wireless network. The proposed facility will provide new service on Band
14, which is the nationwide high -quality spectrum set aside by the U.S. government for public safety.
Deployment of FirstNet in the subject area will improve public safety by pulling advanced wireless
technologies into the hands of public safety agencies and first responders.
To meet its coverage objectives, AT&T needs to construct a new wireless communications
facility. Wireless telecommunications is a line -of -sight technology, and AT&T's antennas need to be in
the gap area and at an elevation capable of propagating an effective signal throughout the gap area. To
meet its service objectives for this gap area, AT&T proposes to install a new wireless telecommunications
2
facility disguised as a eucalyptus tree. Denial of this proposed facility or a reduction in height would
materially inhibit AT&T's ability to provide and improve wireless services in this portion of the city.
It is important to understand that service problems can and do occur for customers even in
locations where the coverage maps on AT&T's "Coverage Viewer" website appear to indicate that
coverage is available. As the legends and links to the Coverage Viewer maps indicate, these maps display
approximate outdoor coverage. Actual coverage in an area may differ from the rvebsite map graphics, and
it may be affected by such things as terrain, weather, network changes, foliage, buildings, construction,
signal strength, high -usage periods, customer equipment, and other factors.
It is also important to note that the signal losses, slow data rates, and other service problems can
and do occur for customers even at times when certain other customers in the same vicinity may not
experience any problems on AT&T's network. These problems can and do occur even when certain
customers' wireless phones indicate coverage bars of signal strength on the handset. The bars of signal
strength that individual customers can see on their wireless phones are an imprecise and slow -to -update
estimate of service quality. In other words, a customer's wireless phone can show coverage bars of signal
strength, but that customer will still, at times, be unable to initiate voice calls, complete calls, or download
data reliably and without service interruptions due to service quality issues.
AT&T uses industry standard propagation tools to identify the areas in its network where signal
strength is too weak to provide reliable in -building scrvice quality. This information is developed from
many sources including terrain and clutter databases, which simulate the environment, and propagation
models that simulate signal propagation in the presence of terrain and clutter variation. AT&T designs
and builds its wireless network to ensure customers will receive reliable in -building scrvice quality. This
level of service is critical as customers increasingly use their mobile phones as their primary
communication devices. According to the Center for Disease Control and Prevention (CDC), more than
81 % of California adults, and more than 98% of Californians raider age 18, rely exclusively or primarily
on wireless communications in their homes. And California households rely on their mobile phones to do
more (E911, video streaming, GPS, web access, text, etc.). In fact, the FCC conservatively estimates that
72% of 91 I calls are placed by people using wireless phones.
Exhibit I to this Statement is a map of the existing LTE service coverage (without the proposed
installation al the Property) in the area at issue. It includes LTE service coverage provided by existing
AT&T sites. The green shaded areas of the map depict acceptable in -building coverage. In -building
coverage means customers are able to place or receive a call ou the ground floor of a building. The yellow
shaded areas depict areas within a signal strength range that provide acceptable in -vehicle service
3
coverage. In these areas, an AT&T customer should be able to successfully place or receive a call within a
vehicle. The pink shading and unshaded (white) areas are areas within a signal strength range in which a
customer might have difficulty receiving a consistently acceptable level of service. The quality of service
experienced by any individual customer can differ greatly depending on whether that customer is indoors,
outdoors, stationary, or in transit. Any area in the yellow, pink, or white category is considered inadequate
service coverage and constitutes a service coverage gap.
Exhibit 2 is a map that predicts LTE service coverage based on signal strength in the vicinity of
the Property if the proposed facility is constructed as proposed in the application. As shown by this map,
constructing the proposed facility at the Property closes this significant service coverage gap.
Specifically, this map depicts a large new area of in -building service coverage (in green) throughout the
defined gap area.
My conclusions are based on my knowledge of the Property and with AT&T's wireless network,
as well as my review of AT&T's records with respect to the Property and its wireless telecommunications
facilities in the surrounding area. I have a Bachelor Degree in Electronics and Communications from the
University of Mysore, India, and have worked as an engineering expert in the wireless communications
industry for more than 26 years.
15311335v1
1Vfal401 Kolcw
Mahesh Kolur
AT&T Mobility Services LLC
Network, Planning & Engineering
RAN Design & RF Engineering
December 2021
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ATTACHMENT B
Alternative Sites Analysis
at&t
AT&T Mobility
Wireless Telecommunications Facility
at
3540 East Cameron Avenue
West Covina, CA 91791
Site ID: CLL05528
Introduction
New Cingular Wireless PCS, LLC d/b/a AT&T Mobility ("AT&T") has a significant gap in its
service coverage in the City of West Covina. AT&T proposes to construct a 60-foot tall wireless
communications facility ("WCF") disguised as a eucalyptus tree ("mono -eucalyptus")
("Proposed Facility") as a means to fill this gap in coverage. The Proposed Facility consists of
twelve panel antennas (three sets of four antennas) with a top height of 58 feet above ground, and
topped with an additional two -foot crown of faux branches. The related equipment will be
housed in an adjacent equipment area at the base of the mono -eucalyptus and surrounded by a 8-
foot tall CMU wall, with climbing vines as additional landscaping. A backup generator will be
placed near the existing water tank, and two new live eucalyptus trees will be placed on site to
further conceal the equipment and blend in with the mono -eucalyptus. The Proposed Facility is
the least intrusive means to fill the significant gap of the alternatives investigated by AT&T as
explained below.
Objective
AT&T Mobility has identified a significant gap in its service coverage in the City of West
Covina, in an area roughly bordered by East Virginia Avenue to the north, Palomino Drive to
east, East Country Hollow Drive to the south, and Barranca Street to the west. The Proposed
Facility will improve coverage to hundreds of homes in several neighborhoods, parks, a high
school, and other points of interest in the immediate vicinity. The service coverage and
objectives, including need to improve signal strength on AT&T's wireless network, in this
portion of West Covina, are described in the accompanying Radio Frequency Statement.
Methodology and Zoning Criteria
The location of a WCF to fill a significant gap in coverage is dependent upon topography,
changes in elevation, zoning, existing structures, collocation opportunities, available utilities,
access and a willing landlord. Wireless communication is line -of -sight technology that requires
WCFs to be in relatively close proximity to the wireless handsets to be served.
AT&T seeks to fill a significant gap in service coverage using the least intrusive means under the
values expressed in the City of West Covina Municipal Code, including Section 26-685.988,
providing development standards for wireless telecommunication facilities, Section 26-685.989,
providing design standards for wireless telecommunication facilities, Section 26-685.997,
regarding application requirements, and Section 26-685.988. providing findings for wireless
telecommunication facilities.
Analysis
AT&T developed a search area to identify the area where a new wireless telecommunications
facility needs to be located to close AT&T's significant service coverage gap in this portion of
West Covina. AT&T searched for, but did not identify, viable collocation opportunities in the
gap area. AT&T also searched for sites on city -owned property, but AT&T and the city were
unable to agree on lease terns. The following map shows the locations of the Proposed Facility
(green pin), and the alternative sites that AT&T investigated (yellow pins).
Location of Candidate Sites
Proposed Facility — Mono -eucalyptus, Valencia Water District, 3540 East Cameron Avenue
Conclusion: Based upon location, a willing landlord and the superior service as shown in the
proposed coverage map included in AT&T's Radio Frequency Statement, the Proposed Facility
is the least intrusive means for AT&T to meet its service objectives.
The project location is a residential -zoned parcel with a nonresidential use, the water tanks
owned and operated by Valencia Water Company. Consistent with City Code Section 26-
685.988(c)(1), AT&T proposes a 60-foot tall communications facility disguised as a eucalyptus
tree near one of the water tanks on this property. Specifically, the Proposed Facility consists of
twelve panel antennas (three sets of four antennas) with a top height of 58 feet above ground, and
topped with an additional two -foot crown of faux branches. The related equipment will be
housed in an adjacent equipment area at the base of the mono -eucalyptus and surrounded by a 8-
foot tall CMU wall, painted desert tan and with climbing vines as additional landscaping. A
backup generator will be placed near the existing water tank, and two new live eucalyptus trees
will be placed on site to further conceal the equipment and blend in with the mono -eucalyptus.
Existing trees will be retained. The Proposed Facility is the least intrusive means to fill AT&T's
significant service coverage gap.
Alternative 1 — Heritage Park
aa
Conclusion: Unavailable; more intrusive than Proposed Facility
This city -owned park is located adjacent to the primary candidate. AT&T and the city could not
agree to lease terms to place a new WCF in this park.
5
Alternative 2 — City Water Tanks near Hooper Drive
Conclusion: Unavailable; more intrusive than Proposed Facility
This city property houses city -owned water tanks located approximately one-third of a mile to
the south from the Proposed Facility. AT&T and the city could not agree to lease terms to place a
new WCF in this park. A wireless telecommunication facility here would be nearer to residents
than the Proposed Facility.
Alternative 3 — Open Space near Grand Avenue
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Conclusion: Unavailable
1'
This raw land open space property is located beyond the terminus of San Gabriel Valley Drive,
approximately 0.4 mile to the southeast from the Proposed Facility. The property is owned by a
developer who declined to lease space to AT&T for a WCF.
7
Alternative 4 — Open Space near Grand Avenue
..r
11.
Conclusion: Unavailable
This raw land open space property is located beyond the terminus of San Gabriel Valley Drive,
approximately half a mile to the southeast from the Proposed Facility. The property is owned by
a developer who declined to lease space to AT&T for a WCF.
8
Alternative 5 — South Hills High School
Conclusion: Unavailable
This high school is located approximately 0.8 mile to the northwest from the Proposed Facility.
The school district declined interest in leasing space to AT&T for the Proposed Facility.
Conclusion
The Proposed Facility is the least intrusive means by which AT&T can close its significant
service coverage gap. Denial of the site will materially inhibit AT&T from providing and
improving wireless service in this portion of the city.
1531 WM0
ATTACHMENT C
DCI PACIFIC
AIEIC WORKS
Engineering Letter
Date November 30, 2021
Site Number CLLOSS28
Site Name ATT / West Covina Water Tank
Address 3540 E. Cameron Avenue
Covina, CA 91791
Subject Vault Installation
The bore log data (See Exhibit 'A') from the soils report prepared by'Geoboden' shows bedrock starting
less than 3' below grade. A vault installation will require 25' deep excavation, 20' of the ground
disturbance will be on bedrock. The amount of force during construction will generate substantial
impact loads that may affect the adjacent retaining wall (5' east), and thereby affecting the tank (20'
east). See Exhibit'B'.
During the site visit, we noticed the water tank facility is also being utilize for civil works storage. Exhibit
'C' shows two (2) Wheel Loaders parked at the proposed lease area location. Although the prefab vault
is designed for traffic load, It may not be designed for continuous dead load from multiple heavy
equipment. A small payloader can weigh up to 25,000 Ibs, which is 4 times the weight of a standard
pickup truck.
With these in mind, we suggest keeping the equipment above grade and avoid the LIG vault. This
decision will prevent possible structural safety issues in the future.
Sincerely,
(Bok) Johnoah Yu, LEED AP BD+C
Architect
DCI PACIFIC, Inc.
ARCHITECTURE IENGINEERING ICONSULTING
26Executive Palk I Sulte170I Irvine I CA92656I T949475.1000
Exhibit A
Exhibit B
DCI PACIFIC
AIEIC WORKS
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Exhibit C
DCI PACIFIC
' II' WORKS
ARCHITECTURE IENGINEERING ICONSULTING
26 Executive Park I Suite 170 1 Irvine I CA 92656 1 T 949475.1000