MOSU
CORONA
WIE CIRCEE CITY
APPLICATION FOR APPEAL OF
PLANNING COMMISSION DECISION
APPLICATION NO. CuRm 2020 - u4
APPELLANT/COMPANY NAME Smartlink, LLC o/b/o AT&T Mobility STREET ADDRESS_3300 Irvine Ave., Suite 300
CITY Newport Beach STATE CA ZIP 92660
PHONE 619.368.3848 CONTACT PERSON Eliezer Acevedo
Please state the basis for the appeal and include any supporting evidence. Specifically, state any errors in the Commission's findings and how the public necessity, convenience, welfare, or good planning practice requires the zone change or general plan amendment.
Use additional sheets as necessary.
LINS
11/17/2022
Date Appellant's Signature
GOG_PEDOCSIAPPS Word Apps\2022 Applications APPEAL PC ACTION doc EXHIBIT 2
AT&T Application NSB Stealth Collocation
CSL05517
Corona CA
AT&T has a significant service coverage gap in its wireless services in a large portion of the City of Corona. After years of hard work, AT&T has identified and confirmed that its proposal to collocate its wireless telecommunications facility on an existing stalth wireless telecommunications facility in Cresta Verde Park is the least intrusive means by which AT&T can close its significant service coverage gap. Thus, AT&T applied for a Conditional Use Permit Modification to modify the existing Verizon faux tree tower ("monopine") by increasing its height by 15 feet and installing a fully-screened equipment shelter nearby.
The City of Corona Planning & Housing Commission denied AT&T's application based on aesthetic issues. Specifically, the Commission concluded that it could not make conditional use permit findings under Corona Municipal Code Section 17.92.110 because it found the proposal would have a negative visual impact to the surrounding residential neighborhood. The Commission also found that the proposal would not comply with the City's General Plan because the aesthetics of the proposed modification it would diminish the quality of life of residents who would be able to see the taller faux tree.
AT&T's first ground for appeal is that its proposed extension to the existing monopine will * retain the stealth aesthetic of the existing facility to the extent feasible. In fact, during the course of proceedings, AT&T redesigned the proposed modification at the city's requests. As shown by the photosimulations of the proposed facility as modified, which are in the record for the application, the modified facility will appear as a pine tree in this park. Further, in voting to deny AT&T's application, the Commission was sharply critical of Verizon's maintenance of the existing faux tree branches. The Commission acknowledged that a pending Verizon application will remedy that problem. Thus, as the Commission delibcrations revealed, the aesthetic issue before the city is not based on AT&T's proposed modification and is one that will be remedied separate and apart from AT&T's application. Thus, City Council can find that the proposed modification will meet the necessary findings and will comply with the General Plan.
AT&T's second ground for appeal is that the city is preempted from denying AT&T's application because denial will effectively prohibit AT&T from providing telecommunications services and personal wireless services in violation of the federal Telecommunications Act of 1996, 47 U.S.C. §§ 253(a), 332(c)(7)(B)(i)(II). The Federal Communications Commission has ruled that a local jurisdiction violates the effective prohibition preemption when a denial materially inhibits the provider's ability to provide and improve services. In addition, federal courts in the Ninth Circuit (where California is located) hold that a local government violates the Telecommunications Act by denying an application for a wireless telecommunications facility that is needed to close a significant service coverage gap when the proposed facility is the least intrusive means to do so. In fact, once the wireless provider shows it has a gap and proposes to close the gap by the Icast intrusive means, the burden of proof shifts to the local govemment to identify a less intrusive means that is potentially available and technologically feasible. •GiC Hd LIAON co
48373 4113
Here, A T&T has shown that it has a significant service coverage gap in a very large portion of the city. In its Radio Frequency Statement, which is part of the record for its application, AT&T has demonstrated that its service coverage gap comprises an arca roughly bordered by Hidden Valley Parkway to the north, Wellesley Drive to the cast, Melissa Court to the south, and Via Blairo to the west. This portion of Corona includes hundreds of homes in several neighborhoods, parks, schools, a golf course, manufacturing districts, a section of the Riverside Freeway, and other points of interest in the immediate vicinity
In addition, as shown by AT&T's alternatives Analyses, which are part of the record for its application, the proposed modification is the least intrusive means to close its gap. AT&T has scoured the gap area time and again, and it has identified the proposed modification as the least intrusive means. In fact, this is the only viable means to address its significant service coverage gap.
The city has not identified an available, feasible, and less intrusive alternative for AT&T's proposed modification. Specifically, the city requested that AT&T investigate various alternative sites, including a nearby golf course and more distant commercial areas. AT&T duly investigated cach of these alternatives and has found none to be available and fcasible. The city recently asked AT&T to go back to ask the golf course, which had initially declined to lease space. On doing so, AT&T could not find any location that was available and feasible. Because the city has not suggested any potentially available and technologically feasible alternative, it has not met its reciprocal burden of proof and denial would violate the Telecommunications Act by effectively prohibiting AT&T from providing telecommunications services and personal wireless services.
Thus, the city should grant AT&T's appeal and application. 21528724v1
CSLO5517 / ARTISTIC
at&t engineering
KGI 28748 CRestA VeRDE AEsims.com
877.9AE. sims
638 COLLETT AVENUE CORONA CA 92879
EXISTING
PROPOSED MONOPINE EXTENSION
WITH ANTENNAS
PRoPOSED LOOKING SOUTHWEST FROM BRIANNA WAY
ACCURACY OF PHOTO SIMULATION BASEO LEON INFORMATION PROVIDEO BY PROJEOT APPLICANT.
CSLO5517 ARTISTI
at&t Sencineerir
KGI 28748 CResTA VERDE AEsims.com
877.9AE. sims
638O VENE CORONA CA 92879
EXISTING
, PROPOSED MONOPINE EXTENSION
WITH ANTENNAC
PROPOSED LOOKING SOUTHEAST FROM COLLeTT AVENUE
ACCURACT OF PHOTO VIMULATION DARLO UPON INFORMATION #AOVIOCO OY PenareT AeeAN CSLO5517 T ARTISTIC
at&t engineering
KGI 28748 CRESTA VERDE AEsims.com
877.9AE.sims
638 COLLETT AVENUE CORONA CA 92879
PROPOSED MONOPINE ExtENsION WITH ANTENNAS
ProposED LOOKING NORTHEAST FROM PARK
AARUSLAY BE EMOTO SIMULAVION GASCO UPON INFORMATION PROVOCO NY PROJECY APPLICAN, CSL05517 ARTISTIC
at&t engineering
KGI 28748 CrestA VERDE AEsims.com
877.9AE. sims
63B COLLETT AVENUE CORONA CA 92B79
EXISTING
PROPOSED MONOPINE EXTENSION
WITH ANTENNAB
PROPOSED EQUIPME
PROPOSED LOOKING EAST FROM ADJACENT RESIDENTIAL PROPERTY LINE
ADOURACY OF PHOTO WIMULATION BASEO UPON INFORMATION PROVIDEO BY PHONECT APPLIANT CSLO5517 A ARTISTIC
at&t engineering
KGI 28748 CRESTA VERDE AEsims.com
877.9AE. sims
638 COLLETT AVENUE CORONA CA 92879
EXISTING
PROPOSED MONOPINE EXTENSION
WITH ANTENNAd
ProPOsED LODKING NORTHWEST FROM ADJACENT RESIDENTIAL PROPERTY LINE
ACCURACY OF PHOTO BIMULATION BASEC UPON INFORMATION PROVOCO OY PRDUCOY APPLICAN- at&t at&t
7337 Trade Street CRESTA VERDE
San Diego, CA 92121
640 COLLETT AVENUE
CORONA, CA 92879
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5401 S. Canada Place Sen Dago, CA 92121
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S401 S. Canada Pisco Ses Diego CA 82121
Tucson, AZ 85706
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A-1 PLOT PLAN 638 COLLETT AVE PRCARETARY 18 CARAICON ISSUE STATUS CORONA, CA 92879 1 691037
• LAUTOREs 900:2
949 236 7000
RIVERSIDE COUNTY
A PACE SEE PECURE A SERRATE NERDAMEN PA AS EEL SORTED A LANES BY PUBLIC ROSES ESTAR NURE E BARN CARS 3 ESUATED COST ID APAR, REMA ISSUE STATUS
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CRESTA VERDE 658 COLLETT AVE CORONA. CA 92879 RIVERSIDE COUNT
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ORIGINAL PROPOSED
ORIGINAL PROPOSED SITE PLAN A-2
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A-7 SOUTH ELEVATION SALEI ME 638 COLLETT AVE • NONCE ONTO A ALL MAN PROPMETARY WORLARIEW ISSUE STATUS CORONA. CA 92879 5505 SAND CANYON AVENUE.
IRVINE. CALIFORNIA 92618
949.295.7000
RIVERSIDE COUNTY
A-8 WEST ELEVATION
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WEST ELEVATION (8) SONEPETE SEALE
SMCT RTUL A PEA VANEE4
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ISSUE STATUS