Small Cell Wireless Facilities
The City of Glendale has received a number of inquiries related to the encroachment permit applications submitted by AT&T Mobility for the installation of small cell equipment. Please see below for more information.
In 2019, AT&T Mobility submitted encroachment permit applications for the installation of small cell equipment at the following locations:
BURBK_009 1150 Virginia Ave
BURBK_010 601 Glenwood Rd
BURBK_011 700 Glenwood Rd
BURBK_012 574 W. Dryden St
BURBK_013 1136 N. Columbus Ave
BURBK_014 1624 Ridgeway Dr
BURBK_015 1741 N. Pacific Ave
BURBK_021 1601 Victory Blvd
BURBK_022 400 Paula Ave
BURBK_024 611 N. Brand Blvd
BURBK_026 283 Maryland Pl
BURBK_028 4844 San Fernando Rd
BURBK_030 469 California Ave
BURBK_033 457 W. Elk Ave
BURBK_034 4506 San Fernando Rd
BURBK_036 400 W. Harvard St
BURBK_037 4101 San Fernando Ave
BURBK_041 327 S. Madison Way
BURBK_043 3903 San Fernando Rd
GLND2_001 121 W. Lexington Drive
GLND2_002 333 S. Central Ave
GLND2_003 1418 E. Maple St
GLND2_007 412 N. Kenilworth Ave
Pursuant to Chapter 12.08.037 of the Glendale Municipal Code, 1995 (GMC), the Director of Public Works considered the encroachment permits for AT&T equipment on public property.
The Director of Public Works has granted with conditions the application based on:
All notifications have been met
The application complies with all provisions of Chapter 12.08 of the GMC
The location of the wireless telecommunications facility does not interfere with existing improvements, vehicular or pedestrian use of the street or sidewalk and complies with ADA standards.
The facility is necessary to close a significant gap in coverage
The proposed wireless facility has been designed to blend with the surrounding area
Providing annual certifications in accordance with Sections 12.08.037 of chapter 12.08 of the GMC
Submitting as-built drawings confirming that the facility has been constructed in compliance with the visual impact analysis as required by Section 12.08.037
Complying with the conditions listed set forth in the Telephone Corporation Encroachment Permit Agreement
That all local, state, and federal compliance with regulations be maintained during the existence of this facility
That any expansion or modification of the facility or use of change in the operation may require a new Wireless Telecommunications Facilities application. Expansion may constitute an additional facility, area or structure or any physical changes as determined by the Director of Public Works. Any modification to a wireless tower or base station which substantially changes the physical dimensions of either the tower or base station, and any other modifications to a wireless telecommunications facility that does not qualify as a wireless tower or base station pursuant to Section 6409 (a) (HR3630), shall be subject to the permits and authorizations as required by the GMC.
The public hearing was held on August 6, 2019 at 6:00 pm in the Municipal Services Building.
Cities are bound by state and federal laws and cannot be prohibitive of wireless transmission facilities – inclusive of small cell-installations, thus Glendale developed an ordinance to govern wireless transmission facilities installations to the extent possible.
The FCC regulates most aspects of wireless antennas including safety of radio frequency transmissions. Cities can require applicants to meet the FCC standards, but cannot require lower radio frequency emission.
Under federal and state laws, permits are deemed granted if the City fails to take final action within 60 days after applications submitted (small cells attached to an existing structure).
Permits are deemed granted if the City fails to take final action within 90 days after applications submitted (small cells attached to a new/replacement structure).
Cities have 150 days to review applications for new Wireless Transmission Facilities (normally not small cells).
Appeals are not permitted when based solely on the environmental effects from radio frequency emissions that are compliant with applicable FCC regulations and guidelines.
Cities can’t implement moratoriums prohibiting the placement and installation of Wireless Transmission Facilities and Small Cells.
Cities can’t prohibit installations where carriers can demonstrate that they can meet with cities’ requirements and demonstrate there is a need (coverage gap) for the placement of these facilities.
Why are most of the proposed locations identified as “BURBK”?
These are AT&T’s designations, not Glendale’s.
What was the noticing requirement for the public hearing?
The notice of hearing published once in the official newspaper of the city at least ten (10) days before the date of the hearing for proposed facilities on private/non-public ROW property; For proposed facilities in the public ROW this noticing requirement is at least thirty (30) days.
The notice must be mailed, postage prepaid, at least ten (10) days before the date of the hearing to both property owners and occupants located within a 500 feet radius of the exterior boundary of the property which is the subject to the proposed permit for proposed facilities on private/non-public ROW property. For proposed facilities in the public ROW this noticing requirement is at least thirty (30) days.
The notice must be posted at least ten (10) days prior to the hearing in a conspicuous place on the property involved; for public ROWs by posting the notice at least thirty (30) days prior to the hearing.
What are the next steps?
Once a decision relating to a wireless telecommunications facilities encroachment permit has been issued by the Director of Public Works, it becomes final fifteen (15) days following the date of the decision unless an appeal is filed challenging the decision within fifteen (15) days.
Appeals must be filed on the forms prescribed by the City.
Information regarding appeals and appeal forms are available in Building and Safety Division.
Appeals must be filed with the prescribed fee prior to expiration of the 15-day period, since the AT&T Mobility decision letter was issued on August 20, 2019, an appeal must be filed on or before September 4, 2019.
Are there alternatives to the locations that residents/organizations have raised concerns over?
If an applicant successfully meets and satisfies all provisions of GMC Chapter 12.08 (e.g. the proposed location not interfering with existing improvements, vehicular or pedestrian use of the street or sidewalk, complies with ADA standards, blends with surrounding area) then alternatives are not considered.
Can carriers utilize existing poles and work in conjunction with stand-alone cell towers already in place?
The City processes applications for permits on a case by case basis and as received. The 23 AT&T cell sites are designed to attach to existing power poles, a replacement poll, or an existing street light.