Cell Tower Ordinance Moves Forward

Burlingame is one step closer to creating new cell towers in commercial areas of the city.

The Planning Commission Monday night backed the draft wireless telecommunications ordinance, which would govern the installation of cell towers in Burlingame, thereby passing it along to the City Council for approval.

The ordinance is a result of months of collaboration between the council, Planning Commission, concerned citizens and wireless industry representatives through the Wireless Telecommunications Working Group.

Under the ordinance, wireless providers would need one of two permits for antenna installation, with installation occurring primarily in commercial areas in camouflaged constructions.

Those involved in drafting the ordinance said they felt they had reached sufficient middle ground, although the document is admittedly not perfect.

“This ordinance is the result of a lot of compromise,” said City Attorney Gus Guinan. “It was an attempt by all the parties involved to try to reach some sort of working understanding, something that could go forward and work for both sides.”

The issue of a wireless telecommunications ordinance first surfaced in October 2010 when ExteNet and T-Mobile applied with the Public Works Department to install cell phone antennae (towers) within the City. At the time, only regulations existed regarding satellite dishes and antennae attached to roofs--not those for cell phones.

This lack of regulation prompted outcry from the community, resulting in city officials placing a moratorium on cell towers until an ordinance was crafted. The moratorium drew litigation from ExteNet officials, who claimed the company should not be retroactively included in the moratorium. However, Judge George Miram overturned that complaint in November, ruling the lawful inclusion of ExteNet.

The moratorium, which has been extended once already, expires Jan. 17., the day the ordinance will go before the City Council for a public hearing. At that meeting, the ordinance could be immediately adopted under an urgency measure.

“The wireless ordinance is very important,” said resident William Sexton. “I understand the pressure and the delicacy of the situation but…an antenna would be a huge blight on the beautiful view and adversely affect the value of the homes.”

Under the ordinance, the Planning Commission or community development director reviews a company’s application. While facilities in commercial areas removed from residences need only administrative approval, other applications will need a conditional use permit. A conditional use permit requires a Planning Commission public hearing. Although the ordinance was drafted largely using those from other cities as guides, individuals on both sides of the issue had complaints about the ordinance.

Some industry officials disagreed with the necessity of a conditional use permit, the amount of detail necessary in facility application and the insufficient time wireless professionals had to respond between different incarnations of the ordinance.

ExteNet attorney Robert Jystad said since the company’s application was submitted much before the ordinance was discussed, it should be exempt from the new rules.

Residents sought clarification on issues such as how many utility boxes would be allowed on one pole and why there was no clause indicating Burlingame’s long-time plan to place utilities behind homes or underground.

Planning Commissioner Michael Gaul reminded those in attendance that the ordinance is a living document, and changes can be made moving forward.

Regardless of the remaining issues, the Planning Commission grappled with whether the draft was sufficient to pass through to City Council.

“This draft ordinance represents a middle of the road ordinance,” said resident Mark Wilson, adding that all key issues were thoroughly addressed during working group meetings. “The time is now to put in place a roadmap to preserve the integrity of our city’s aesthetics.”