Lakeport City Council

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
STAFF REPORT
RE:
Appeal of UP 14-09 Proposed Wireless Communication

Facility at 1875 North High Street
SUBMITTED BY:
MEETING DATE:
06/16/2015
Kevin M. Ingram, Community Development Director
PURPOSE OF REPORT:
Information only
Discussion
Action Item
WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to consider an appeal of the Planning Commissions approval of a Use Permit that
would allow the installation and operation of a new wireless communication facility (WCF) on a portion of the
site located at 1875 North High Street. The City Council is asked to sustain or overturn the Planning
Commissions decision. The Council may also request modifications to the proposal.
BACKGROUND/DISCUSSION:
The Lakeport Planning Commission approved the Use Permit application at a public hearing conducted on
May 13, 2015. The Commission approved the Use Permit with a 4-0 vote (one absence).
Municipal Code Section 17.31.040 outlines the procedures related to an appeal of a Planning Commission
decision to the City Council and indicates that the applicant or affected persons not satisfied with the decision
of the Planning Commission may file an appeal. In this case, the appeal application was filed by an affected
person who owns property adjacent to the project site and who attended and spoke against the project at the
Planning Commission meeting. The appeal was filed within the time frame set forth in Municipal Code Section
17.31.040 A.
Municipal Code Section 17.31.040 D. indicates that following the submittal of an appeal application, the
Lakeport City Council shall conduct a public hearing on the matter and that the public hearing shall be on the
record and all affected persons may appear and present evidence.
Municipal Code Section 17.31.040 C. requires the pertinent application materials to be provided to the City
Council, including the reasons for the decisions made by the Planning Commission. Staff has attached a
variety of application materials to this staff report including the Draft Project Conditions Agreement; the Minute
Order from the May 13, 2015, Planning Commission hearing on this matter; the staff report provided to the
Planning Commission; and information submitted by the applicant including a written response to the appeal
application, written project description, site plan and elevations, photo simulations, alternative site analysis, and
radio frequency emission analysis. The submitted appeal application is also attached.
Municipal Code Section 17.31.040 E. stipulates that within 30 days after the close of the hearing, the City
Council may sustain or overturn the Planning Commission decision, or may grant or modify an application
subject to conditions it imposes, or may revoke or deny the permit.
As detailed in the Staff Report that was presented to the Planning Commission on May 13, 2015
(Attachment #5), Community Development Department staff determined that the proposed wireless
communication facility is generally in conformance with the Use Permit criteria and Architectural & Design
Meeting Date: 06/16/2015
Page 1
Agenda Item #VI.A.
Review criteria outlined in Sections 17.24.040 and 17.27.110, respectively, of the Citys Municipal Code. At the
public hearing, the Planning Commission voted to modify some of the proposed conditions of approval per the
request of the applicant (see Attachment #2, Planning Commission Minute Order). The conditions of approval
required by the Planning Commission are set forth in the attached Draft Project Conditions Agreement
(Attachment #1).
The submitted appeal request (Attachment #3) cites four reasons why the proposed project should not be
approved, including: proposed height of the WCF; visual impact of the WCF upon the adjoining High Street
Village Shopping Center businesses and customers; potential health effects related to the location of the WCF in
a high density commercial and residential area; and the potential to locate the WCF in a more suitable location
(1170 Eleventh Street). Each of the appellants reasons are examined in greater detail below:
1: HEIGHT: The tower is 73 high, the height of a 6 story building. The height is more than double the 35
height allowed in a C-2 Zoning.
The maximum height allowance within the C-2, Major Retail zoning district is 35 feet per Section 17.10.060 H. of
the Zoning Ordinance. However, Section 17.28.010 L. of the City's Zoning Ordinance sets forth special height
restrictions in the City and states that chimneys, silos, flag poles, monuments, radio towers, water tanks,
church steeples, and similar structures or mechanical appurtenances may exceed the 35 foot height limit within
the City upon approval of a Use Permit. Section 17.28.010 H. further addresses public utility facilities and
states that public utility distribution and transportation lines, towers and poles, and underground facilities for
the distribution of gas, water, communication, and electrical facilities shall be allowed in all zoning districts
except for the CB (Central Business) district.
The granting of a Use Permit to exceed the maximum height allowance in this case is further supported by the
Economic Development Element of the General Plan, specifically Policy 12.5 which addresses communication
and indicates the City should encourage the installation of fiber optic cable or wireless communications in the
Lakeport area. (Page VI-8 Lakeport General Plan 2025) It should be noted that if approved as a monopole style
tower the height could be reduced to just over 60 feet in order to achieve coverage objectives. The request for
72 feet in height is to allow for a more aesthetically pleasing monopine style design that is more compatible with
the surrounding conditions including the commercial and residential uses in the area.
In making its decision the Planning Commission, based upon the staff report prepared by Community
Development Department staff, evaluated the projects compliance with Section 17.24.040 of the Zoning
Ordinance which sets forth specific criteria for the approval of Use Permits. Required findings, in brief, incude
analysis that the proposed location and use is: consistent with the objectives of the General Plan and Zoning
Ordinance; will not be detrimental to the health, safety, or welfare of persons residing or working in the area;
and will not be detrimental to properties or improvements in the vicinity.
2. VISUAL IMPACT: Unacceptable from our properties to the Southeast, South and Southwest. The
application and thus the Planning Commission did not fully consider the visual impact from the Village Center
parking lot for customers pulling up to the 15 existing businesses by auto, bicycle or walking, let alone dining
in the patio of the new Waterwheel Eatery or rooftop lake view dining or patio for potential owner/tenant
for 1843 N. High Street (old laundromat). The tower would be available to add for 2-3 additional cell phone
companies per the applicant representative.
The project, including the equipment shelter skirting the proposed tower required an Architectural and Design
Review application in conjunction with the Use Permit for exceeding the maximum allowed height limit. Section
17.27.110 of the Citys Municipal Code sets forth numerous Architectural and Design Review Criteria and
Standards to ensure that any new construction is compatible with existing uses and structures. These criteria
and standards address a variety of issues including:
Promoting Harmony of Design of Buildings

Promoting Creativity and Diversity of Design
Building Design, Details and Color Criteria
Buffering, Incompatible Uses and Site Lighting Criteria
Maintenance of the Building and Project Site Criteria
Page 2
Agenda Item #VI.A.
Landscaping Design Criteria
The applicant acknowledged from the very early planning stages of the project that the aesthetic appearance of
the tower is a concern to nearby residents, businesses and pedestrian and vehicular users in the area. The
proposed WCF has been designed to appear to be a large pine tree and consists of colors consistent with other
larger trees in the area as well as that vegetation commonly seen dotting hillsides that make up the visual
backdrop in this area.
In addition to the monopine tower, the antennas located near the top of the tower are to be further
camouflaged through the use of special needle sock coverings designed to blend the antennas into the pine
tree-like design. The monopine design is available in various styles and colors to best blend in with the existing
vegetation and site conditions. The photo simulations (Attachment #8) to demonstrate how the WCF will
appear to commercial and residential properties in the area as well as passing pedestrians and motorists. These
submitted photo simulations include a view looking across the High Street Village Shopping Center as shown
below.
Although the monopine tower would be taller than the nearby tree canopy as depicted in the photo simulation
above, the monopine style is less visually obtrusive than an unadorned monopole tower. There are a number
pine and redwood trees of similar size scattered throughout Lakeport.
It was acknowledged during the May 13, 2015, public hearing that there are both good and bad examples of
monopine WCFs throughout the region. In order to ensure the proposed monopine WCF at this location is of a
design that blends with other existing vegetation and large trees in the area, the Project Conditions approved by
the Planning Commission include specific design criteria:
Condition 2: The project shall be developed in accordance with the project specifications contained in
File UP 14-04/AR 14-12 and described in the staff report dated May 13, 2015. The WCF shall utilize a
monopine style antenna structure and shall not exceed 72 feet in height as measured from the adjacent
ground surface. No portions of the monopine tower or branches shall extend over the property lines of
the site. All antennas at this WCF shall be concealed within the monopine structure and be further
camouflaged through the use of needle socks. Minor alterations which do not result in increased
Page 3
Agenda Item #VI.A.
environmental impacts may be approved in writing by the City of Lakeport Community Development
Director.
Condition 3: The proposed monopine tower shall incorporate features that best blend with existing
vegetation in the area. The Community Development Department shall approve the design and color
prior to issuance of any building permits. If the tower or related equipment create glare, the
applicant/owner/developer shall be responsible for effective mitigation.
The Planning Commission found that the antenna tower, ground-mounted equipment and facility access was
logically designed and consistent with the Architectural and Design Standards of the Zoning Ordinance.
3. HIGH DENSITY AREA: The application and thus the Planning Commission did not completely consider the
neighborhood small commercial business and high residential density, or future development of this C-2 area
which will serve North Lakeport development growth area. The tower is located in the center of the C-2 area
on the West side of High Street. The impact to additional high density residential units including Del Lagos
80 units, and Sunshine Manor Senior Apartments were not taken into consideration. Many people fear cell
towers as a potential to cause cancer.
The Federal Telecommunications Act of 1996 governs federal, state and local government oversight of siting of
"personal wireless service" facilities such as towers for cellular, personal communications service (PCS), and
specialized mobile radio (SMR) transmitters. In summary, this law preserves local authority on the placement,
construction, and modification of personal wireless service facilities (i.e. zoning decisions on antenna towers,
etc.) with some specific exceptions. One of these exceptions specifically states that: Local authorities cant
reject a request for wireless facilities based on health concerns if the facilities meet the FCCs regulations
concerning radio frequency (RF) emissions. In other words, local rules cant be more stringent than Federal
ones. Local authorities can require that providers demonstrate compliance.
The applicant provided a Radio Frequency (RF) Site Compliance Report (Attachment #10) prepared by Sitesafe,
Inc. dated September 25, 2014, as part of their project submittal packet. The proposed facility will operate
consistent with all applicable Federal RF public exposure limits as regulated by the FCC. Staff recommended and
the Planning Commission approved project condition language requiring updated RF compliance reporting for
any equipment change for the life of the project:
Condition 17: The applicant/owner shall provide revised reports should equipment change commencing
on the day the tower becomes operational to the Community Development Department confirming the
tower is in compliance with FCC emissions restrictions. Failure of the permit holder to maintain
compliance with FCC emissions regulations may result in revocation of this Use Permit.
It should be further noted that during the public hearing the Planning Commission thoroughly analyzed the
submitted RF report and asked several questions of the project applicant. At concern was the height at which
radio frequencies emanating from the tower were considered unsafe. It was explained that radio frequencies
from the proposed tower were most concentrated at the height of the antennas, approximately 60, extending
out horizontally for nearly 2,500 feet. Beyond this range and below a height of 40 feet radio frequencies were in
compliance with FCC regulations. All surrounding commercial and residential uses, including the nearby
Terraces neighborhood, which is situated on nearby hills, will not be subjected to radio frequency levels that
exceed FCC thresholds confirmed through the analysis of area topography via GIS.
4. ALTERNTATIVE SITE: There is an alternative 8.2 acre site acceptable to Verizon on a high plateau at 1170
11th Street in an area zoned R-1 (Low Density Residential 4 acre min.) which due to existing trees would not
be visible from 11th Streets Commercial center or be in the view corridor od any residences.
The project applicant provided an Alternative Site Analysis (Attachment #9) which included four potential sites:
Lake County Courthouse, 255 North Forbes Street

Passantino Property, 1170 Eleventh Street
Ruzicka Property (High Street Village), 1833 North High Street
Fern/Pugh Property, 1875 North High Street (Selected Location)
Page 4
Agenda Item #VI.A.
The Written Project Description (Attachment #6) and the Alternative Site Analysis set out the criteria in which
Verizon Wireless engages in selecting the most appropriate site. In addition to ensuring that the proposed site
meets the project purpose of closing a significant gap in wireless communication service in the central Lakeport
area, the site search focused upon four primary criteria:
A willing landlord;
Feasible construction;
Road access, available telephone and electrical utilities; and
Compliance with local zoning requirements
The most ideal location was the co-location of the new facility on top of the Lake County Courthouse with other
existing similar facilities. However, due to structural issues with the existing roof, this site was ruled out. The
1170 Eleventh Street location, as mentioned by the appellant, was also reviewed by the applicant but was
eventually ruled out due to the residential zoning, proximity to adjacent residential dwellings, and proximity to a
preschool facility.
The applicant has submitted a written response to the appeal application along with related supplemental
information. These materials are attached to this staff report as Attachment #4.
OPTIONS:
Sustain or overturn (with cause) the Planning Commissions decision to approve a Use Permit allowing the
installation and operation of a wireless communication facility at 1875 North High Street. The Council may also
request modifications of the proposal.
FISCAL IMPACT:
None
Budgeted Item?
Budget Adjustment Needed?

Affected fund(s):
Yes
General Fund
No
Yes
No
If yes, amount of appropriation increase: $
Water OM Fund
Sewer OM Fund
Other:
Comments: None
SUGGESTED MOTIONS:
Sample motion to sustain the Planning Commissions decision:
I move that the Planning Commissions approval of the Use Permit allowing the installation and operation of a
new wireless communication facility on a portion of the site located at 1875 North High Street be sustained
based on the following: a) the information and documentation submitted by the project proponent; b) the
information and documentation contained in the Citys Staff Report on the project; c) the information and facts
received at the public hearing on June 16, 2015; and d) the fact that there is general conformance with the
applicable criteria and standards specified in the Lakeport Municipal Code and General Plan.
The approval of the Use Permit shall be subject to the conditions of approval set forth in the Project Conditions
Agreement and/or as amended by the City Council at the public hearing.
Sample motion to overturn the Planning Commissions decision:
I move that the Planning Commissions approval of the Use Permit allowing the installation and operation of a
new wireless communication facility on a portion of the site located at 1875 North High Street be overturned
based on the following: a) the information and documentation submitted by the project proponent; b) the
information and documentation contained in the Citys Staff Report on the project; c) the information and facts
received at the public hearing on June 16, 2015; and d) the fact that the height, appearance and location of the
proposed wireless communication facility does not adequately comply with the applicable criteria and standards
specified in the Lakeport Municipal Code and General Plan.
Page 5
Agenda Item #VI.A.
Attachments:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Draft Project Conditions Agreement

Minute Order from the May 13, 2015 Planning Commission hearing
Appeal application
Applicants response to appeal
Staff report provided to the Planning Commission
Written Project Description
Site Plan & Elevations
WCF Photo Simulations
Alternative Site Analysis
Radio Frequency Site Compliance Report
Page 6
Agenda Item #VI.A.
CITY OF LAKEPORT
Community Development Department
225 Park Street
Lakeport, Ca 95453
PROJECT CONDITIONS AGREEMENT

This Agreement is entered into by
Jenny Blocker Complete Wireless Consulting, Inc.
(hereinafter applicant/owner).
RECITALS
WHEREAS, applicant/owner applied to the City of Lakeport (file number
UP 14-04/AR 14-13/CE 14-25) for a Use Permit and Architectural & Design Review
for the installation and operation of a new wireless communication facility (WCF)
at 1875 North High Street (APN 026-043-06); and
WHEREAS, on May 13, 2015, the Lakeport Planning Commission reviewed
and approved applicant/owners request for a Use Permit and Architectural &
Design Review subject to the following conditions:
1.
The applicant/owner shall sign a standard City of Lakeport Project

Conditions Agreement which lists the conditions of approval and shall
agree to said conditions. A copy of the signed agreement shall be
returned to the City prior to the issuance of a development permit.
2.
The project shall be developed in accordance with the project

specifications contained in File UP 14-04 / AR 14-12 and described in the
staff report dated May 13, 2015. The WCF shall utilize a monopine style
antenna structure and shall not exceed 72 feet in height as measured from
the adjacent ground surface. No portions of the monopine tower or
branches shall extend over the property lines of the site. All antennas at this
WCF shall be concealed within the monopine structure and be further
camouflaged through the use of needle socks. Minor alterations which do
not result in increased environmental impacts may be approved in writing
by the City of Lakeport Community Development Director.
3.
The proposed monopine tower shall incorporate features that best blend
with existing vegetation in the area.
The Community Development
Department shall approve the design and color prior to issuance of any
building permits. If the tower or related equipment create glare, the
Verizon Wireless
1875 N. High Street
UP 14-04 / AR 14-12 / CE 14-24
4.
The enclosure for the WCF shall be comprised of an 8 tall concrete block
screening wall on three sides, galvanized chain link security fencing with
green-colored vinyl slats, barbed wire at top, and a 12 wide double-swing
access gate. The enclosure shall screen all equipment cabinets related to
the WCF.
5.
All construction plans related to the WCF shall be prepared by a licensed

engineer.
6.
The electric service for the WCF and related equipment shall be installed
underground from the nearest available service connection.
7.
The new driveway serving the wireless communication facility shall be

paved with asphalt or concrete in accordance with Lakeport Municipal
Code Section 17.23.060 (G). A minimum of one paved off-street parking
space shall be provided near the enclosure for maintenance personnel.
8.
Any construction related activities that require disturbance of existing rightof-way improvements shall be repaired to meet existing City improvement
standards consistent with Lakeport Municipal Code Section 12.04.040.,
including submittal of application for an encroachment permit and related
plans.
9.
All construction activities shall include adequate dust suppression including

frequent watering, the use of palliatives or other methods during grading,
earth work, and building periods. Site grading and building activities shall
be avoided during windy periods and all surfaces subject to grading and/or
heavy traffic and equipment usage, including public and private streets,
should be periodically sprinkled with water. Areas of bare soil shall be
stabilized to prevent the generation of wind-blown dust.
Materials
transported to and from the site shall be covered or thoroughly watered in
order to minimize fugitive dust and any materials deposited on adjacent
roadways shall be removed in a timely manner.
10.
Prior to issuance of a building permit, the permit holder shall register the
hazardous materials with the Lake County Division of Environmental Health.
If quantities of materials stored exceed 55 gallons of liquid, 500 pounds of a
solid or 200 cubic feet of compressed gas, the permit holder shall prepare a
Hazardous Materials Business Plan for review and approval by the Division of
Environmental Health.
11.
Construction activities shall be confined to the hours of 7:00 a.m. to 7:00

p.m. Monday through Saturday and shall comply with the noise standards
set forth in Municipal Code Section 17.28.010 A.
12.
The wireless communication facility shall not generate noise in excess of the
limits set forth in Section 17.28.010 of the City of Lakeport Municipal Code.
The applicant/owner/developer shall take the appropriate steps to
Verizon Wireless
1875 N. High Street
UP 14-04 / AR 14-12 / CE 14-24
effectively reduce or eliminate noise-related problems if the City receives

legitimate complaints.
13.
All new exterior lighting serving the WCF shall be shielded, provided with
property line cut-offs, and/or downlit so as to eliminate glare-related
impacts to adjacent properties or the public right-of-way. Details regarding
new exterior lighting shall be provided to the City prior to the issuance of a
development permit.
14.
Prior to construction, all necessary State and Federal operations permits

shall be obtained and copies provided to the City of Lakeport Community
Development Department.
15.
Uses not specifically approved with this use permit may not take place on
this site without prior approval of the City of Lakeport Community
Development Department in accordance with the Zoning Ordinance.
16.
All construction activities shall be immediately halted if cultural resources

are encountered. Before resuming construction the applicant shall have a
qualified archaeologist assess the site to determine the significance of the
find. The Community Development Department shall be contacted for
approval to resume grading if the archaeologist determines that there is a
less than significant impact for disturbing any undocumented cultural
resources upon the resumption of grading.
17.
The applicant/owner shall provide revised reports should equipment

change commencing on the day the tower becomes operational to the
Community Development Department confirming the tower is in
compliance with FCC emissions restrictions. Failure of the permit holder to
maintain compliance with FCC emissions regulations may result in
revocation of this Use Permit.
18.
The WCF enclosure shall be provided with a Knox key box or carry a Knox
padlock allowing the Lakeport Fire Protection District access into the
fenced area if a fire-related emergency occurs. The applicant/owner shall
coordinate the installation of the key box or padlock with the Fire District.
19.
Signage installed as part of the facility shall be limited to signs required for
identification and safety requirements.
20.
Material Safety Data Sheets (MSDS) shall be made readily available on the
premises.
21.
NFPA 704 placards shall be placed on any new building or equipment

cabinet containing battery systems.
22.
The applicant/owner shall permit the City of Lakeport or representatives to

make periodic inspections at any reasonable time deemed necessary in
order to assure that the activity being performed under authority of this
permit is in accordance with the findings and conditions prescribed herein.
Verizon Wireless
1875 N. High Street
UP 14-04 / AR 14-12 / CE 14-24
23.
All equipment related to the wireless communication facility shall be

maintained in good condition for the life of the project, including the
antenna, equipment enclosure, access driveway and parking area. Any
damaged or dilapidated portions of the facility shall be repaired and/or
replaced in a timely manner.
24.
The Planning Commission may hold a hearing to revoke or modify the Use
Permit if the approved activity is determined to be detrimental to the public
health, safety or welfare or constitutes a nuisance or if any other findings set
forth in Municipal Code Section 17.24.080 are made. Applicant will be
notified prior to any action by the Planning Commission to revoke or modify
the permit.
25.
This Use Permit and Architectural and Design Review approval shall
become null and void if not activated by May 13, 2016, or if the use is
discontinued for six or more consecutive calendar months.
NOW, THEREFORE, IT IS AGREED:
1.
That the applicant/owner has read and agrees to each and every item
and condition herein.
2.
That the development and use of the real property described herein shall
conform to the conditions listed above and all City of Lakeport Ordinances
and Resolutions where applicable.
3.
That said conditions shall be binding on all owners or persons having or

acquiring any right, title, or interest in said real property, or any part thereof,
subject to this agreement.
APPLICANT/OWNER
Dated: __________________
__________________________________________
JENNY BLOCKER
COMPLETE WIRELESS CONSULTING, INC.
__________________________________________
PLEASE PRINT NAME
Verizon Wireless
1875 N. High Street
UP 14-04 / AR 14-12 / CE 14-24
CITY OF LAKEPORT
Community Development Department
225 PARK STREET
LAKEPORT, CALIFORNIA 95453
TELEPHONE 707.263.5615 x11

FAX 707.263.8584
E-MAIL kingram@cityoflakeport.com
May 26, 2015

Honorable Mayor & Members of the City Council
City of Lakeport
Dear Council Members:
Please be advised of the following action taken by the Lakeport Planning Commission:
MINUTE ORDER
LAKEPORT PLANNING COMMISSION
REGULAR MEETING
(May 13, 2015)
UP 14-04/AR 14-12 Application for Use Permit and Architectural and Design Review to
install a 72 Monopine wireless communication facility at 1875 N. High St. (APN 26-04306) to allow for expanded cellular coverage:
Community Development Director, Kevin Ingram introduced the project and cited the
May 13, 2015 Staff Report, and said based on the information that has been submitted
by the applicant, the site visit, and responses from City staff and other affected
agencies, it is concluded that the proposed installation and operation of a new wireless
communication facility on a site located in the C-2, Major Retail zoning district is
consistent with the Lakeport General Plan and the Citys Use Permit and Architectural
and Design Review criteria.
The proposed project is considered categorically exempt from the provisions of the
California Environmental Quality Act according to Section 15303, Class 3, of the CEQA
guidelines.
Prior to the opening of the public hearing the Planning Commissioners asked for
clarification from staff on zoning ordinance provisions related to noise and use of the
proposed emergency generator. Additionally, some general clarification on the
location of the tower to nearby residences was also requested.
Commissioner Wicks opened the public hearing:
PC Minute Order/ UP 14-04

1875 N. high St. WCF, Verizon Wireless
May 26, 2015
Nancy Ruzicka, adjacent property owner stated that she has seen in her travels
examples of both nice and ugly monopine style towers and wanted assurance that this
proposed tower would be aesthetically pleasing. Mrs. Ruzicka further noted that she
was not sure that this was the most appropriate location for a wireless communication
tower as it would be located directly adjacent to numerous businesses and residences
and suggested that the Commission consider that more appropriate locations may be
available on the outskirts of town affecting less people and not as visibility noticeable.
Michelle Ellis, representative of the project applicant, further clarified some of the
Planning Commissions questions related to noise and the use of the back-up generator
in times of power outage and emergencies. Ms. Ellis also brought in sample building
materials for the Planning Commission to look at and answered some additional
questions related to aesthetics and the process of choosing this particular site. Lastly,
Ms. Ellis requested some minor alterations to couple of the proposed conditions
requesting that the condition language be amended to clearly state that Verizon be
notified prior to any action by the Planning Commission and request that updated
Radio Frequency Reporting not be required annually, but rather every five years or if
any equipment changes occur.
Mr. Ingram indicated that staff had no issue to the proposed condition modifications.
Upon conclusion of the public hearing the Planning Commission began its deliberation
on the project.
Commissioner Kauper noted some concerns that he had in regards to the Radio
Frequency Site Compliance Reporting and asked if the applicant could further clarify
what areas would be affected.
The public hearing was re-opened and Ms. Ellis spoke regarding FCC radio frequency
regulations and permitted, and specifically how it affects the proposed project at this
site. The highest levels of radio frequencies are emitted from the antennas which are
located approximately 60 feet from the ground. These frequencies emit horizontally
and dissipate with distance and elevation both above and below the positioning of the
antennas.
The Planning Commission expressed concern about concentrated radio frequencies
emitted from antennas being directed onto residences within the Terraces
neighborhood located atop surrounding hills.
A brief recess was granted and Planning staff confirmed via analysis of the areas
topography through GIS that the elevations of surrounding residences in the Terraces
neighborhood were located in an elevation below the most concentrated radio
frequencies emanating from the proposed antennas and would experience exposure
at or below allowed FCC regulations for radio frequencies.
The Planning Commission further discussed the project condition language
amendments proposed by the applicant and noted their agreement to modify the
draft condition language to include the following changes:
PC Minute Order/ UP 14-04

1875 N. high St. WCF, Verizon Wireless
May 26, 2015
#17: The applicant/owner shall provide annual reports revised reports should
equipment change commencing on the day the tower becomes operational to
the Community Development Department confirming the tower is in compliance
with FCC emissions restrictions. Failure of the permit holder to maintain
compliance with FCC emissions regulations may result in revocation of this Use
Permit.
#24: The Planning Commission may hold a hearing to revoke or modify the Use
Permit if the approved activity is determined to be detrimental to the public
health, safety or welfare or constitutes a nuisance or if any other findings set forth
in Municipal Code Section 17.24.080 are made. Applicant will be notified prior to
any action by the Planning Commission to revoke or modify the permit.
A motion was made by Commissioner Taylor that the Planning Commission approve
the applications for Architectural and Design Review and Use Permit to allow for
the construction and operation of a new wireless communication facility
including an antenna in excess of 35 in height at 1875 North High Street.
The Planning Commissions approval is based on the following:
a) the
information and documentation submitted by the project proponent; b) the
information and documentation contained in the Citys Staff Report and file on
the project; c) the information and facts received at the public hearing on May
13, 2015; and d) the fact that there is general conformance with the applicable
criteria and standards specified in the Lakeport Municipal Code and State and
Federal law.
The Planning Commissions approval of the applications shall be subject to the
conditions of approval set forth in the Staff Report and as amended by the
Planning Commission at the public hearing.
The motion was seconded by Commissioner Russell and approved by a 4-0 vote
(Commissioner Gayner Absent).
Respectfully submitted,
Kevin M. Ingram
Community Development Director
MACKENZIE & ALBRITTON LLP

220 SANSOME STREET, 14TH FLOOR
SAN FRANCISCO, CALIFORNIA 94104
TELEPHONE 415 / 288-4000
FACSIMILE 415 / 288-4010
June 8, 2015
VIA EMAIL AND FEDEX
Mayor Martin Scheel
Mayor Pro Tem Stacey Mattina
Councilmembers Kenneth Parlet,
Marc Spillman and Mireya Turner
City Council
City of Lakeport
225 Park Street
Lakeport, California 95453
Re: Appeal of Verizon Wireless Application UP 14-04, AR 14-12, CE 14-24
Telecommunications Facility, 1875 North High Street
City Council Agenda, June 16, 2015
Dear Mayor Scheel, Mayor Pro Tem Mattina and Council Members:
We write on behalf of our client Verizon Wireless to ask that you follow the wellreasoned recommendation of planning staff and uphold the Planning Commissions
unanimous approval of a proposed Verizon Wireless facility at 1875 North High Street
(the Approved Facility). The appeal by Nancy Ruzicka (Appellant) has no merit and
should be denied. Verizon Wireless has worked diligently to identify a location and
design that will serve the Lakeport area with the least impacts to the community. In all, a
total of 10 alternate sites were reviewed. The preferred alternative involves placing nine
antennas on a 72 foot stealth treepole designed to resemble a pine tree.
As described below, the appeal must be rejected. Appellant presents no evidence,
let alone the substantial evidence required under federal law, for denial of the Approved
Facility, and raises only height limit and aesthetic interpretations unsupported by City
code, radio frequency concerns that are pre-empted by federal law from consideration by
the City Council, and an unworkable alternate location. Verizon Wireless has provided
uncontroverted substantial evidence that the Approved Facility fully complies with all
requirements for approval under the Lakeport Municipal Code (the Code). In addition,
it will fill a significant gap in Verizon Wireless coverage and network capacity in the
area, and there is no less intrusive feasible alternative. For these reasons, denial of the
application would violate the federal Telecommunications Act. We strongly encourage
you to follow Community Development Department staffs recommendation and affirm
the Planning Commissions carefully considered approval
Lakeport City Council

June 8, 2015
Page 2 of 8
I.
The Project
The Approved Facility has been thoughtfully designed to minimize any aesthetic
impact. Verizon Wireless proposes to place its antennas on a new 72-foot tall pole
disguised as a pine tree. This treepole will be placed in a parking lot to the rear of an
existing building that fronts on North High Street. In the early stages of application
review, the treepole design was favored by Community Development Department staff
over an uncamouflaged monopole at the same location. The treepole design includes
branch density and colors that match similar-sized trees in Lakeport, and the antennas
will be disguised by needle socks. The Approved Facility treepole will be placed within
a 1,400 square foot lease area surrounded by chain link fence with green vinyl slats on
the east, and by an eight foot CMU wall on the south, west and north which will dampen
any noise. The lease area will contain a new 11.5 by 17 foot radio equipment shelter,
placed next to the treepole base, as well as a generator which will supply backup power
in case of emergencies. The equipment shelter, treepole base and surrounding fence and
CMU wall will be obscured from view from North High Street by the existing building to
the east, and will be set back 10 feet from the nearest property line to the west. The
treepole will stand approximately 275 feet west of North High Street near several tall
cypress trees. A photosimulation of the Approved Facility is attached as Exhibit A.
A report by SiteSafe, dated September, 2014 (the RF Report), attached as
Exhibit B, confirms that radio-frequency (RF) emissions from the facility will fully
comply with Federal Communications Commission (FCC) guidelines.
II.
The Approved Facility Complies with All Code Requirements.
As confirmed in the Planning Commission Staff Report for the May 13, 2015
hearing, the Approved Facility meets all requirements for approval under the Code.
Verizon Wireless chose a design and location that conform to the Code, that is, antennas
mounted on a camouflaged structure in the C-2 major retail zoning district where public
utility towers are poles are allowed. The 72 foot height of the Approved Facility is
allowed upon issuance of a use permit under Code 17.28.010(L), and the Approved
Facility meets the minimum district setback requirements of Code 17.10.60. New
utilities serving the Approved Facility will be placed underground in compliance with
Code 17.28.010(I). The Approved Facility is unmanned and will not generate
significant traffic. Noise generated by the Approved Facility will be minimal, and
complies with the City noise restrictions of Code 17.28.010(A). As discussed above,
the Approved Facility complies with FCC public exposure limits and has been carefully
designed to minimize aesthetic impacts. General Plan Policy ED 12.5 encourages
installation of fiber optic cable or wireless communication systems in the Lakeport
area. In short, the Approved Facility will not create any environmental or land use
impacts of any kind that could justify denial of the Approved Facility.

June 8, 2015
Page 3 of 8
III.
Federal Law Compels Approval of the Approved Facility.
Verizon Wireless is licensed by the FCC to provide wireless telecommunications

services throughout the United States, including Lakeport. The siting of wireless
communications facilities (WCFs), including the one at issue here, is governed by
federal law. While it reserves to local governments control over the siting, placement and
modification of WCFs, the federal Telecommunications Act (the TCA) places certain
limitations on localities control over the construction and modification of WCFs.
Sprint PCS Assets, LLC v. City of Palos Verdes Estates, 583 F.3d 716, 721 (9th Cir.
2009). Specifically, the TCA preserves local control over land use decisions, subject to
the following explicit statutory restrictions:
The local government must act on a permit application within a reasonable period
of time (47 U.S.C. 332(c)(7)(B)(ii));
Any denial of an application must be in writing and supported by substantial

evidence contained in a written record (47 U.S.C. 332(c)(7)(B)(iii));
The local government may not regulate the placement, construction, or

modification of WCFs on the basis of the environmental effects of radio
frequency emissions to the extent such facilities comply with the FCCs
regulations concerning such emissions (47 U.S.C. 332(c)(7)(B)(iv));
The local government may not unreasonably discriminate among providers of

functionally equivalent services (47 U.S.C. 332(c)(7)(B)(i)(I)); and
The local governments decision must not prohibit or have the effect of
prohibiting the provision of personal wireless services (47 U.S.C.
332(c)(7)(B)(i)(II)).
With this legal framework in mind, we address below the specific federal law
issues before the City Council with respect to this application.
IV.
Substantial Evidence for Approval, No Substantial Evidence for Denial
As interpreted under controlling federal court decisions, the substantial

evidence requirement means that a local governments decision to deny a WCF
application must be authorized by applicable local regulations and supported by a
reasonable amount of evidence (i.e., more than a scintilla but not necessarily a
preponderance). See Metro PCS, Inc. v. City and County of San Francisco, 400 F.3d
715, 725 (9th Cir. 2005). In other words, a local government must have specific reasons
that are both consistent with the local regulations and supported by substantial evidence
in the record to deny a wireless facility permit.

June 8, 2015
Page 4 of 8
While a local government may regulate the placement of WCFs based on
aesthetics, it must have specific reasons that are both consistent with the local regulations
and supported by substantial evidence in the record. Generalized concerns or opinions
about aesthetics or compatibility with a neighborhood are insufficient to constitute
substantial evidence to deny a permit. See City of Rancho Palos Verdes v. Abrams, 101
Cal. App. 4th 367, 381 (2002).
As set forth above, Verizon Wireless has provided substantial evidence to confirm
that the Approved Facility complies with all requirements of the Code. Photosimulations
confirm that the treepole, located in the North High Street commercial area with
numerous large evergreens in the vicinity, will have no significant visual impacts.
Detailed plans confirm compliance with all Code requirements including height and
setbacks. As confirmed by the Planning Commission, Verizon Wireless has chosen a
design and location consistent with Code requirements including design criteria. Finally,
the RF Report confirms that the Approved Facility will operate far below the FCCs
exposure limits.
In contrast, Appellants provide no evidence, let alone the substantial evidence
required under federal law, to warrant denial of Verizon Wirelesss application.
V.
Radio Frequency Emissions Comply with FCC Standards and Are Not a
Local Zoning Issue.
One of Appellants objections to the Approved Facility is based on an unfounded

and generalized fear of the health effects of RF emissions. However, federal law
prohibits local governments from considering any alleged health or environmental effects
of RF emissions of proposed WCFs to the extent such facilities comply with the FCCs
regulations concerning such emissions. 47 U.S.C. 332(c)(7)(B)(iv). As set forth in the
RF Report referenced above, the Approved Facility complies with and will operate far
below applicable FCC limits. Indeed, the RF Report calculates that the maximum
exposure anywhere accessible at ground level or at nearby residences is less than 5% of
the applicable FCC public limit.
Moreover, federal preemption goes beyond decisions that are explicitly based on
RF emissions. It also bars efforts to circumvent such preemption through some proxy
such as aesthetics or property values. See, e.g., AT&T Wireless Servs. of Cal. LLC v. City
of Carlsbad, 308 F. Supp. 2d 1148, 1159 (S.D. Cal. 2003) (in light of federal preemption,
concern over the decrease in property values may not be considered as substantial
evidence if the fear of property value depreciation is based on concern over the health
effects caused by RF emissions); Calif. RSA No. 4, d/b/a Verizon Wireless v. Madera
County, 332 F. Supp. 2d 1291, 1311 (E.D. Cal. 2003) (complaints about property values
were really a proxy for concerns about possible environmental effects of RF [emissions],
which cannot provide the basis to support a decision). Where, as here, a WCF has been
shown to comply with FCC guidelines, health concerns, or any proxy for health concerns,
cannot justify rejection of the Approved Facility.

June 8, 2015
Page 5 of 8
VI.
Denial Would Constitute an Unlawful Prohibition of Service.
A local government violates the effective prohibition clause of the TCA if it

prevents a wireless provider from closing a significant gap in service by the least
intrusive means. This issue involves a two-pronged analysis: (1) whether the provider
has demonstrated the existence of a significant gap in coverage; and (2) whether the
proposed facility is the least intrusive means, in relation to the land use values
embodied in local regulations, to address the gap. See T-Mobile USA, Inc. v. City of
Anacortes, 572 F.3d 987 (9th Cir. 2009); see also T-Mobile West Corp. v. City of Agoura
Hills, 2010 U.S. Dist. LEXIS 134329 (C.D. Cal. 2010).
If a provider demonstrates both the existence of a significant gap in service, and
that the proposed facility meets the least intrusive means standard, the local
government is required to approve the facility, even if there would otherwise be
substantial evidence to deny the permit under local land use provisions. This is because
the requirements for federal preemption have been satisfied, i.e., denial of the permit
would have the effect of prohibiting the provision of personal wireless services. 47
U.S.C. 332(c)(7)(B)(1)(ii); T-Mobile v. Anacortes, 572 F.3d at 999. For the local
jurisdiction to avoid such preemption, it must show that another alternative is available,
that it is technologically feasible, and that it is less intrusive than the proposed facility.
T-Mobile v. Anacortes, 572 F.3d at 998-999.
A.
Verizon Wireless Has Demonstrated a Significant Gap in Service.
There is a significant gap in Verizon Wireless coverage and network capacity in

the downtown Lakeport area (the Significant Gap). The Significant Gap is fully
documented in the Verizon Wireless Necessity Case of Radio Frequency Design
Engineer Benjamin Santa Maria attached as Exhibit C (the RF Engineers Statement).
As shown through coverage maps included in the RF Engineers Statement, there is a
significant gap in Verizon Wireless coverage in the Lakeport area. Capacity charts
included in the RF Engineers Statement demonstrate that Verizon Wirelesss network in
the area has already reached capacity exhaustion during peak hours which is
compromising network accessibility and reliability.
Having established a Significant Gap in coverage, Verizon Wireless has met the
first prong of the two-part test required to presumptively establish a prohibition of service
under federal law.
B.
The Alternatives Analysis Confirms that the Approved Facility is the

Least Intrusive Means to Fill the Identified Significant Gap in Verizon
Wireless Service.
In an effort to fill the identified Significant Gap, Verizon Wireless evaluated a

total of 10 locations as shown in the comprehensive Alternatives Analysis attached as
Exhibit D, including the alternative location raised by the Appellant. The result of this
analysis is that the Approved Facilitys location is the least intrusive means of providing

June 8, 2015
Page 6 of 8
wireless service to the identified coverage gap.
When comparing the Approved Facility to other potential alternatives, it is
important to note that federal law does not require that a site be the only alternative, but
rather that no feasible alternative is less intrusive than the Approved Facility. MetroPCS
v. San Francisco, 400 F.3d at 734-35. In this case, as explained in the Alternatives
Analysis, there is no feasible location that would be less intrusive than the Approved
Facility.
In short, Verizon Wireless has identified a significant gap in coverage and has
shown that the Approved Facility is the least intrusive means to address it, based on the
values expressed in the Code. Under these circumstances, Verizon Wireless has
established the requirements for federal preemption such that denial of the permit would
constitute an unlawful prohibition of service.
VII.
Response to Appeal
Appellant raises several grounds for appeal, none of which present the substantial
evidence required under federal law for denial of the Approved Facility.
1.
Approved Facility Height is Allowed upon Approval of Use Permit.
Appellants first ground for appeal is that the 72 foot height of the Approved
Facility is double the C-2 zone height limit of 35 feet. While the C-2 zone district
regulations include a maximum height of 35 feet for principal structures, the Codes
performance standards allow radio towers and similar structures to exceed the 35 foot
height limit upon approval of a use permit. See Code 17.28.010(L). Staff and Planning
Commissioners have supported Verizon Wirelesss use permit application for the 72 foot
height.
2.
The Approved Facility Has Been Designed to Minimize Visual

Impacts and Satisfies Design Criteria.
Appellants second ground for appeal raises concerns over visual impacts of the
Approved Facility as seen from nearby businesses, including the parking lot of her
commercial property located to the south. Verizon Wireless worked closely with
Community Development Department staff from the outset of application processing to
arrive at a design that minimizes visual impacts and blends with the natural environment
of the Lakeport area. Staff agreed early in the process that a treepole design is preferable
to an uncamouflaged monopole in the same location, which is 275 feet west of North
High Street behind an existing building. As mentioned, Verizon Wirelesss treepole will
include a branch density and colors consistent with trees found in the downtown Lakeport
area, and antennas will be disguised by needle socks. Staff provided photographs to the
Planning Commission of similar-sized trees in the downtown area, and there are
numerous large evergreen trees of comparable scale at the nearest intersection, 20th Street
and North High Street, only 400 feet to the northeast of the Approved Facility.

June 8, 2015
Page 7 of 8
Additionally, there are three cypress trees 100 to 150 feet east of the Approved Facility of
approximately 50 feet in height, and additional evergreen trees in the immediate area.
Given the numerous large trees in the vicinity of the North High Street commercial area,
the Approved Facility treepole design is compatible and appropriate.
As detailed in the Planning Commission Staff Report, Verizon Wirelesss treepole
design satisfies the criteria for Architectural and Design Review. Verizon Wireless
presented sample materials including faux branches and bark cladding for consideration
by the Planning Commission at the May 13, 2015 public hearing, and, under Condition of
Approval 3, the Community Development Department will approve final design and
color selection prior to the issuance of a building permit. In short, Verizon Wireless has
worked closely with the City to arrive at a treepole design that minimizes visual impacts
and meets required design criteria.
Appellant remarks that additional carriers may be able to place antennas on the
Approved Facility treepole, but that possibility is beyond the scope of the present
application, and even if additional antennas are placed in the future, they are subject to
the same concealment requirements of the Approved Facility as approved by the City.
3.
Concerns over RF Emissions are Pre-Empted by Federal Law.
In the third ground for appeal, appellant alleges that the Planning Commission did
not consider local businesses and nearby residential areas, and concludes this with an
unsubstantiated statement regarding health effects of cell towers that may be a concern of
nearby residents. As noted above, concerns over the radio frequency emissions are preempted from consideration by the City under 47 U.S.C. 332(c)(7)(B)(iv). The RF
Report prepared by Sitesafe confirms that the Approved Facility will operate will within
federal emission guidelines. As noted above, any concern over property values or effects
on future development are similarly pre-empted as they are generally proxies for fear of
RF emissions.
4.
Alternative Site at 1170 11th Street is Infeasible.
Appellant references a site at 1170 11th Street as a possible alternative location for
the Approved Facility. This location was reviewed by Verizon Wireless RF engineers as
detailed in the Alternatives Analysis as Alternative 4. Verizon Wireless RF engineers
concluded that a tower at this location, which is in close proximity to the existing Verizon
Wireless facility on Scotts Valley Road, would cause interference with the existing
facility. Further, a facility at this alternative location would not provide sufficient inbuilding coverage to much of the Significant Gap, making it an unsuitable location and
an infeasible alternative to the Approved Facility. The Alternatives Analysis
demonstrates that the Approved Facility is the least intrusive means of providing service
to the Significant Gap.

June 8, 2015
Page 8 of 8
Conclusion
Verizon Wireless has worked diligently over the last several years to identify the
ideal location and design for a facility to serve the downtown Lakeport area. The
resulting Approved Facility represents the least intrusive means of addressing the
significant coverage and network capacity gap. Reliable Verizon Wireless service in this
area is essential to the health, safety, and welfare of residents, travelers, and emergency
services providers in the surrounding community. We strongly encourage you to follow
the recommendations of Community Development Department staff, uphold the Planning
Commission approval, and deny the appeal.
Very truly yours,
Paul B. Albritton
cc: David Ruderman, Esq.

Kevin Ingram
Schedule of Exhibits
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Photosimulations
SiteSafe RF Report
RF Engineers Statement
Alternatives Analysis
Sitesafe, Inc.
200 N. Glebe Rd, Suite 1000, Arlington, VA 22203-3728
703-276-1100 info@sitesafe.com www.sitesafe.com
283560 - North High Street

Radio Frequency (RF) Site Compliance Report
1875 North High Street, Lakeport, CA 95453
2014 Sitesafe, Inc. Arlington, VA
1 Confidential&proprietarymaterialforauthorizedVerizonWirelesspersonnelonly.Use,disclosureor
distributionofthismaterialisnotpermittedtoanyunauthorizedpersonsorthirdpartiesexceptbywritten
agreement|VerizonWireless
Sitesafe, Inc.
Radio Frequency Exposure Pre-Installation

FCC Compliance Assessment
Site Name
Street Address
City, State, Zip
Multi-Licensee
Facility
Site Specific Information

North High Street
Categorically Excluded?
1875 North High Street
5% Contributor To Areas
Requiring Mitigation?
Lakeport, CA 95453
Monopine
Broadcast
Equipment
# of Access Points
Compliance Status
X
No
Verizons Max % MPE

(Predictive Occupational)
Verizons Max % MPE
(Measured Occupational)
No
Structure Type
No
No
<1%
Occupational
N/A
Assessment Date
September 24, 2014
Assessment Purpose
NEW SITE BUILD
MITIGATION REQUIRED
Verizons Worst-case RF power density levels are BELOW the MPE for General Population/Uncontrolled Environments in
accessible areas.
Verizons Worst-case RF power density levels are ABOVE the MPE for General Population/Uncontrolled Environments but
BELOW the MPE for Occupational/Controlled environments.
Verizons Worst-case RF power density levels are ABOVE the MPE for Occupational/Controlled Environments but BELOW 10x
the MPE for Occupational/Controlled environments.
Verizons Worst-case RF power density levels are ABOVE 10x the MPE for Occupational/Controlled environments.
Compliance
Requirements
Access Point
(Base of Monopine)
VZW Equipment
Alpha
Beta
Gamma
Guidelines
X [1]
Notice
[#]
Caution
X [1]
Warning
[#]
NOC Information
[#]
Barrier/Marker
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
X [1]
[#]
[#]
[#]
Additional Compliance Requirements(s):

Consultant Legal Name
Address
Sitesafe, Inc.
Phone/Fax
200 North Glebe Road, Suite 1000
Arlington, VA 22203-3728
703-276-1100
Sitesafe, Inc.
Contents
1.
ExecutiveSummary.........................................................................................................................................................4
2.
ExistingSiteCharacteristics.............................................................................................................................................5
a.
Structure.....................................................................................................................................................................5
b. Accessibility.................................................................................................................................................................5
c.
VerizonWirelessSignage............................................................................................................................................5
d. AntennaInventory......................................................................................................................................................6
3.
Analysis...........................................................................................................................................................................7
a.
PredictiveModel:AllTransmitters.............................................................................................................................7
b. PredictiveModel:DetailedView.................................................................................................................................8
c.
4.
PredictiveModel:ElevationView...............................................................................................................................9
Conclusion.....................................................................................................................................................................10
a.
ConclusionNarrative.................................................................................................................................................10
b. ComplianceRequirements........................................................................................................................................11
Signage/BarrierDiagram...................................................................................................................................................11
Signage/BarrierInstallationDetail....................................................................................................................................12
5.
AppendixA:RFConsultantCertifications.....................................................................................................................13
a.
PreparerCertification................................................................................................................................................13
b. ReviewerCertification...............................................................................................................................................13
6.
AppendixB:ReferenceInformation.............................................................................................................................14
a.
FCCRules&Regulations...........................................................................................................................................14
b. OccupationalSafetyandHealthAdministration(OSHA)Requirements..................................................................14
c.
RFSignage.................................................................................................................................................................15
d. Physical......................................................................................................................................................................15
e.
IndicativeMarkers....................................................................................................................................................15
Sitesafe, Inc.
1. Executive Summary
Verizon Wireless has contracted with Sitesafe, Inc., an independent Radio Frequency consulting firm, to conduct a Radio
Frequency Exposure (RFE) Compliance Pre-Installation Assessment of the North High Street cell site. The following
report contains a detailed summary of the Radio Frequency environment as it relates to Federal Communications
Commission (FCC) and Occupational Safety & Health Administration (OSHA) Rules and Regulations for all individuals.
The Verizon Wireless antenna data was provided by:
Paul Vlnar
Name
Project Coordinator
Title
September 24, 2014
Date
West
Region
This Pre-Installation compliance assessment and report has been prepared and reviewed by:
Preparer
Reviewer
John Lee
(See PE signature on title page)
Name
EME Report Writer
Professional Engineer
Title
9/24/2014
9/24/2014
Date
This report utilizes the following for predictive modeling of the ambient RF environment:
MPE Modeling Program: SitesafeTC
Required Modeling Assumptions: 100% Duty Cycle and Maximum Total Power Output.
Additional Modeling Assumptions:
General Model Assumptions
In this site compliance report, it is assumed that all antennas are operating at full power at all times. Software modeling
was performed for all transmitting antennas located on the site. Sitesafe has further assumed a 100% duty cycle and
maximum radiated power.
The site has been modeled with these assumptions to show the maximum RF energy density. Sitesafe believes this to be a
worst-case analysis, based on best available data. Areas modeled to predict emissions greater than 100% of the applicable
MPE level may not actually occur, but are shown as a worst-case prediction that could be realized real time. Sitesafe
believes these areas to be safe for entry by occupationally trained personnel utilizing appropriate personal protective
equipment (in most cases, a personal monitor).
Thus, at any time, if power density measurements were made, we believe the real-time measurements would indicate levels
below those depicted in the RF emission diagram(s) in this report. By modeling in this way, Sitesafe has conservatively
shown exclusion areas areas that should not be entered without the use of a personal monitor, carriers reducing power, or
performing real-time measurements to indicate real-time exposure levels.
Use of Generic Antennas
For the purposes of this report, the use of Generic as an antenna model, or Unknown for an operator means the
information about a carrier, their FCC license and/or antenna information was not provided and could not be obtained while
on site. In the event of unknown information, Sitesafe will use our industry specific knowledge of equipment, antenna
models, and transmit power to model the site. If more specific information can be obtained for the unknown measurement
criteria, Sitesafe recommends remodeling of the site utilizing the more complete and accurate data. Information about
similar facilities is used when the service is identified and associated with a particular antenna. If no information is available
regarding the transmitting service associated with an unidentified antenna, using the antenna manufacturers published data
regarding the antennas physical characteristics makes more conservative assumptions.
Where the frequency is unknown, Sitesafe uses the closest frequency in the antennas range that corresponds to the highest
Maximum Permissible Exposure (MPE), resulting in a conservative analysis.
Sitesafe, Inc.
2. Existing Site Characteristics

a. Structure
Physical Description
Site Latitude (NAD 83)
Site Longitude (NAD 83)
Site Elevation (AMSL)
Structure Height (AGL)
Overall Structure Height
b. Accessibility
n/a
Monopine
N39-3-18.84
W122-55-04.50
234 FT
72 FT
72 FT
c. Verizon Wireless Signage
Existing
Signage
Access Points
Alpha
Beta
Gamma
Guidelines
Notice
Caution
Warning NOC Information
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
Existing Signage Adheres to VZW Signage & Demarcation Policy?
Barrier/Marker
No
Sitesafe, Inc.
d. Antenna Inventory
Ant
ID
Operator
Antenna Make & Model
Ant
TX Freq
Az
Hor BW Ant Len Gain Total ERP
Type (MHz) (Deg) (Deg)
(ft)
(dBd) (Watts)
VERIZON WIRELESS (Proposed)
Andrew SBNH-1D6565C
Panel
880
67
Andrew SBNH-1D6565C
Panel
1985
VERIZON WIRELESS (Proposed) Andrew HBX-6517DS-VTM Panel
2140
VERIZON WIRELESS (Proposed) Andrew LNX-6514DS-VTM Panel
751
Andrew SBNH-1D6565C
Panel
880
Andrew SBNH-1D6565C
Panel
1985
VERIZON WIRELESS (Proposed) Andrew HBX-6517DS-VTM Panel
VERIZON WIRELESS (Proposed) Andrew LNX-6514DS-VTM Panel
Andrew SBNH-1D6565C
10 VERIZON WIRELESS (Proposed)
Andrew SBNH-1D6565C
13.868
3898.7
305.5'
441.1'
60'
57
15.504
1704.7
308.5'
441.1'
60'
65
6.2
17.05
3041.9
311'
441.1'
60'
65
6.1
13.73
944.2
314'
441.1'
60'
120
67
13.868
3898.7
317.3'
432.7'
60'
120
57
15.504
1704.7
316'
431.3'
60'
2140
120
65
6.2
17.05
3041.9
314.5'
429.7'
60'
751
120
65
6.1
13.73
944.2
312.6'
427.7'
60'
Panel
880
240
67
13.868
3898.7
306.7'
427.3'
60'
Panel
1985
240
57
15.504
1704.7
305'
428.7'
60'
11 VERIZON WIRELESS (Proposed) Andrew HBX-6517DS-VTM Panel
2140
240
65
6.2
17.05
3041.9
303.1'
430.6'
60'
12 VERIZON WIRELESS (Proposed) Andrew LNX-6514DS-VTM Panel
751
240
65
6.1
13.73
944.2
301.4'
432.2'
60'
NOTE:
X, Y and Z indicate relative position of the antenna to the origin location on the site, displayed in the model results diagram. Specifically,
the Z reference indicates the antenna radiation center height above the main site level unless otherwise indicated. Effective Radiated Power (ERP)
is provided by the operator or based on Sitesafe experience. The values used in the modeling may be greater than are currently deployed. For
other operators at this site the use of Generic as an antenna model or Unknown for a wireless operator means the information with regard to
operator, their FCC license and/or antenna information was not available nor could it be secured while on site. Other operators equipment,
antenna models and powers used for modeling are based on obtained information or Sitesafe experience.
GREEN STREET
RF Emissions Simulation For: North High Street
RESIDENCE
RESIDENCE
RESIDENCE
RESIDENCE RESIDENCE
RESIDENCE
RESIDENCE
RESIDENCE
RESIDENCE
20TH STREET
LAKESHORE BOULEVARD
BUILDING
RESIDENCE
RESIDENCE
PARKING LOT
BUILDING
FENCE
MONOPINE
GENERATOR
RESIDENCE
GATE
8765
11
1234 12
10
9 SHED
NOTICE
GUIDELINES FOR WORKING IN

RADIO FREQUENCY ENVIRONMENTS
All personne l s hou ld have electromagnetic en ergy (EME)
awarenes s
trainin g.
All personne l e ntering this site must be authorize d.
Obey all posted signs.
Assume all antennas are active.
Before working on antennas , notify owners and disable
app ropriate
trans mitters.
Maintain minimum 3 feet clearance from all antennas.
Do n ot stop in front of an tenn as.
Us e personal RF monitors while working ne ar antennas .
Ne ver operate transmitte rs with out sh ields d uring
normal operation.
Do not operate base station antennas in equipment
room.
Beyond This Point

you are entering a
controlled area
where RF
Emissions may
exceed the FCC
Occupational
Exposure Limits
Proposed Proposed
INFORMATIO
N
This is a Verizon Wireless

Antenna Site
Site ID:
_____________________
For information, call:
800-264-6620
RESIDENCE
BUILDING
FENCE
RESIDENCE
CAUTIO
N
BUILDING
VERIZON
BUILDING
Proposed
BUILDING
RESIDENCE
PARKING LOT
BUILDING
BUILDING
BUILDING
BUILDING
(Feet)
47.5
RESIDENCE
% of FCC Public Exposure Limit

Spatial average 0' - 6'
HIGH STREET
RESIDENCE
>= 5000
>= 500
>= 100
>= 5
<5
95
www.sitesafe.com
Site Name:North High Street
AT&T MOBILITY LLC
VERIZON WIRELESS
T-MOBILE
SPRINT-NEXTEL
METROPCS
CRICKET
COMMUNICATIONS
CLEARWIRE
Sitesafe Inc. assumes no responsiblity for modeling

results not verified by Sitesafe personnel.
Contact Sitesafe Inc. for modeling assistance at (703) 276-1100
SitesafeTC Version: 1.0.0.0
9/24/2014 3:16:48 PM

Detailed View
RESIDENCE
BUILDING
FENCE
MONOPINE
GENERATOR
CAUTION
1 23 4
FENCE
GATE
NOTICE
GUIDELINES FOR WOR KING IN

RADIO FREQUENCY EN VIRONMENTS
All personnel should have electromagnetic ene rgy (EME) awareness

training.
All p erson nel en te rin g th is site mu st be au th orized .
Obey all posted s igns.
Before working on antennas, notify owners and disable appropriate
transmitters.
Maintain minimum 3 fee t clearance from all antennas.
Do n ot stop in fron t of an te nnas .
Use personal RF monitors while working near antennas.
Never operate transmitters without shie lds during normal operation.
Do n ot ope rate b ase station an tennas in equ ipment room.
Proposed
12
65
11
109 87
Beyond This Point you are

entering a controlled area
where RF Emissions may
exceed the FCC Occupational
Exposure Limits
Proposed
SHED
INFORMATION
Antenna Site
Site ID: _____________________
800-264-6620
Proposed
VERIZON
BUILDING

(Feet)
0
17.5
www.sitesafe.com
>= 5000
>= 500
>= 100
>= 5
<5
35
AT&T MOBILITY LLC
VERIZON WIRELESS
T-MOBILE
SPRINT-NEXTEL
METROPCS
CRICKET
COMMUNICATIONS
CLEARWIRE

9/24/2014 3:17:56 PM

Elevation View
MONOPINE 72'
12
11
10
192384765
CAUTION
INFORMATION
NOTICE

Antenna Site
GUIDELINES FOR WORKIN G IN

RADIO FREQUENC Y ENVIR ONMENTS
All personnel should have electromagnetic energy (E ME) awareness

training.
All personnel entering this site must be authorized.
Obey all posted s igns.
Before working on antennas, notify owners and disable appropriate
transmitte rs.
Do not stop in front of antennas.
Use personal RF monitors while working near antennas.
Never operate transmitters without shields during normal operation.
Do not operate base station ante nnas in equipme nt room.
VERIZON EQUIPMENT
Site ID: _____________________

800-264-6620
Proposed
Beyond This Point you are

entering a controlled area where
RF Emissions may exceed the
FCC Occupational Exposure
Limits
FENCE
Proposed
Proposed

(Feet)
0
30
>= 5000
>= 500
>= 100
>= 5
<5
60
www.sitesafe.com
AT&T MOBILITY LLC
VERIZON WIRELESS
T-MOBILE
SPRINT-NEXTEL
METROPCS
CRICKET
COMMUNICATIONS
CLEARWIRE

9/24/2014 3:35:35 PM
Sitesafe, Inc.
4. Conclusion
a. Conclusion Narrative
Verizon Wireless will be compliant with FCC Rules and Regulations.
The Max MPE predicted is less than 5% General Population at the ground and on the adjacent buildings.
The nearest residence is approximately 130 FT and 160 FT away. The Max MPE predicted at these residences is less than
5% General Population.
20TH STREET
North High Street

Signage Diagram
RESIDENCE
BUILDING
FENCE
MONOPINE
GENERATOR
GATE
1 23 4
NOTICE
All personnel s hould have electromagnetic energy (EME) aware ness

training.
All personnel e ntering this site must be authoriz ed.
Obey all pos te d signs .
Assume all ante nnas are active .
Before working on antennas, notify owners and dis able appropriate
trans mitters.
Do not stop in front of antennas.
Us e personal RF monitors while working near antennas.
N eve r operate transmitte rs without shields during normal operation.
Do not operate base s tation antennas in equipment room.
GUIDELINES FOR WORKING IN

RADIO FREQUENCY ENVIRONMENTS
12
11
109
FENCE
CAUTION
5
76
8
Beyond This Point you are entering a controlled

area where RF Emissions may exceed the FCC
Occupational Exposure Limits
SHED
Proposed
Proposed
VERIZON
INFORMATION
Antenna Site
Site ID: _____________________

800-264-6620
BUILDING
Proposed
(Feet)
0
20
www.sitesafe.com
40
AT&T MOBILITY LLC
VERIZON WIRELESS
T-MOBILE
SPRINT-NEXTEL
METROPCS
CRICKET
COMMUNICATIONS
CLEARWIRE

9/24/2014 3:38:19 PM
Sitesafe, Inc.
Compliance
Requirements
Access Point
(Base of Monopine)
VZW Equipment
Alpha
Beta
Gamma
Guidelines
X [1]
Notice
[#]
Caution
X [1]
Warning
[#]
NOC Information
[#]
Barrier/Marker
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
[#]
X [1]
[#]
[#]
[#]
Signage/Barrier Installation Detail

Site Access Point (Base of Monopine)
-
Install a Yellow Caution Sign

Install a 10-Step Guideline Sign
Verizon Wireless Equipment Location

-
Install a NOC Information Sign
Verizon Wireless Alpha Sector

-
No action required
Verizon Wireless Beta Sector

-
No action required
Verizon Wireless Gamma Sector

-
No action required
Sitesafe, Inc.
5.
Appendix A: RF Consultant Certifications
a. Preparer Certification
I, John Lee, the preparer of this report, am familiar with the Rules and Regulations of both the Federal Communications
Commissions (FCC) and the Occupational Safety and Health Administration (OSHA) with regard to Human Exposure to
Radio Frequency Radiation. I am also familiar with the Verizon Wireless Signage & Demarcation Policy. I have reviewed
this Radio Frequency Exposure Assessment report and believe it to be both true and accurate to the best of my knowledge.
John Lee
b. Reviewer Certification
The professional engineer whose seal appears on the cover of this document, the reviewer and approver of this report, am
fully aware of and familiar with the Rules and Regulations of both the Federal Communications Commissions (FCC) and
the Occupational Safety and Health Administration (OSHA) with regard to Human Exposure to Radio Frequency
Radiation. I am also fully aware of and familiar with the Verizon Wireless Signage & Demarcation Policy. I have
reviewed this Radio Frequency Exposure Assessment report and believe it to be both true and accurate to the best of my
knowledge.
Sitesafe, Inc.
6. Appendix B: Reference Information

a. FCC Rules & Regulations
The Federal Communications Commission (FCC) has established safety guidelines relating to RF exposure from cell sites. The
FCC developed those standards, known as Maximum Permissible Exposure (MPE) limits, in consultation with numerous other
federal agencies, including the Environmental Protection Agency, the Food and Drug Administration, and the Occupational
Safety and Health Administration. The standards were developed by expert scientists and engineers after extensive reviews of the
scientific literature related to RF biological effects. The FCC explains that its standards incorporate prudent margins of safety.
The following represents explanations of the most applicable information:
Two Classifications for Exposure Limits
Occupational Applies to situations in which persons
are exposed as a consequence of their employment
and are fully aware of the potential for exposure and
can exercise control over their exposure.
Environment Classification
Controlled Applies to environments that are restricted
or controlled in order to prevent access from members
of the General Population classification.
General Population Applies to situations in which

persons are exposed as a consequence of their
employment may not be made fully aware of the
potential for exposure or cannot exercise control over
their exposure. Generally speaking, those without
significant and documented RF Safety & Awareness
training would be in the General Population
classification.
Uncontrolled Applies to environments that are
unrestricted or uncontrolled that allow access from
members of the General Population classification.
Limits for Occupational/Controlled Exposure

Frequency
Power Density
Averaging Time
Range
(S)
|E|2, |H|2, or S
2
(MHz)
(mW/cm )
(minutes)
300-1500
f/300
6
1500-100,000
5
6
Limits for General Population/Uncontrolled Exposure
Frequency
Power Density
Averaging Time
Range
(S)
|E|2, |H|2, or S
2
(MHz)
(mW/cm )
(minutes)
300-1500
f/1500
30
1500-100,000
1
30
f = frequency in MHz
Significant Contribution to the RF Environment
Any carrier contributing an aggregate MPE percentage of 5 or more (to the applicable RF Environment
Classification) is defined as a significant contributor. This means that if any area is determined to be out of
compliance with FCC rules, all significant contributors are jointly responsible for correcting any deficiencies.
b. Occupational Safety and Health Administration (OSHA) Requirements

A formal adopter of FCC Standards, OSHA stipulates that those in the Occupational classification must complete training in the
following: RF Safety, RF Awareness, and Utilization of Personal Protective Equipment. OSHA also provides options for Hazard
Prevention and Control:
Hazard Prevention
Utilization of good equipment
Enact control of hazard areas
Limit exposures
Employ medical surveillance and accident
response
Control
Employ Lockout/Tag out
Utilize personal alarms & protective clothing
Prevent access to hazardous locations
Develop or operate an administrative control
program
Sitesafe, Inc.
c. RF Signage
Areas or portions of any transmitter site may be susceptible to high power densities that could cause personnel exposures in
excess of the FCC guidelines. These areas must be demarcated by conspicuously posted signage that identifies the potential
exposure. Signage MUST be viewable regardless of the viewers position.
GUIDELINES
NOTICE
CAUTION
WARNING
This sign will inform anyone of the basic

precautions to follow when entering an area
with transmitting radiofrequency
equipment.
This sign indicates that

RF emissions may
exceed the FCC
General Population
MPE limit.

RF emissions may
exceed the FCC
Occupational MPE
limit.

RF emissions may
exceed at least 10x the
FCC Occupational
MPE limit.
INFORMATION SIGN
Information signs are used as a means to provide contact information for any questions or
concerns. They will include specific cell site identification information and the Verizon Wireless
Network Operations Center phone number.
d. Physical
Physical barriers are control measures that require awareness and participation of personnel. Physical barriers are
employed as an additional administration control to complement RF signage and physically demarcate an area in
which RF exposure levels may exceed the FCC General Population limit.
e. Indicative Markers
Indicative markers are visible control measures that require awareness and participation of personnel, as they cannot
physically prevent someone from entering an area of potential concern. Indicative markers are employed as an
additional administration control to complement RF signage and visually demarcate an area in which RF exposure
levels may exceed the FCC General Population limit.
2785 Mitchell Drive

Walnut Creek, CA 94598
June 8, 2015
To:
From: Benjamin Santa Maria, Radio Frequency Design Engineer,

Verizon Wireless Network Engineering Department
Subject: Statement in Support of Verizon Wirelesss Proposed
Telecommunications Facility at 1875 North High Street
Executive Summary
Verizon Wireless has identified a significant gap in its wireless services in the
Lakeport area. This area is currently served by the existing Verizon Wireless
facility on Scotts Valley Road located 1.1 miles west of the proposed facility.
There are no other nearby Verizon Wireless facilities providing service to the
area. As a result, there is an absence of in-building coverage in a large area of
Lakeport as well as areas lacking in-vehicle coverage. Further, accelerated
growth in voice and data usage by Verizon Wireless customers in Lakeport has
increased the demand on the existing Verizon Wireless facility in a manner that
compromises network accessibility and reliability. This accelerating growth in
demand has led to capacity exhaustion of that facility as of 2015. This capacity
gap must be remedied through new infrastructure to avoid further degradation of
Verizon Wireless service in Lakeport. The coverage gap and capacity gap
described below constitute the significant gap Verizon Wireless seeks to serve
through a new facility (the Significant Gap).
Coverage Gap
Verizon Wireless is experiencing a large gap in in-building coverage bounded by
Crystal Lake Way beyond the City limits to the north, the shore of Clear Lake to
the east, 1st Street to the south, and generally Hartley Street, Pool Street and
Polk Street to the west. The Coverage Gap includes downtown Lakeport and
lakefront recreational facilities. Further, portions of this gap lack in-vehicle
coverage, particularly the neighborhood north of 20th Street near the area
schools. Notably, there is a lack of in-vehicle service on roadways serving the
local elementary, middle and high schools, including Lakeshore Boulevard which
currently experiences over 6,350 vehicle trips per day.1 (Collectively, the
Coverage Gap) A graphic description of the Coverage Gap is shown in the

1
City of Lakeport traffic data, 2012.
map below. The Proposed Facility will provide in-building coverage to an area of
approximately 3.8 square miles and a population of over 3,450 residents.
Coverage plot maps like that below provide important information regarding the
anticipated level of signal, and therefore the projected coverage provided by a
site at a given location. The areas in green reflect good coverage that meets or
exceed thresholds to provide consistent and reliable network coverage in
vehicles and in homes. The areas in yellow and red depict decreasing levels of
coverage, respectively, with yellow areas generally representing reliable invehicle coverage, and red areas depicting poor service areas with marginal
coverage unsuitable for in-vehicle use.
Existing Coverage in Lakeport
Capacity Gap
As noted, the identified gap area is currently served by the existing Verizon
Wireless facility over one mile to the west. At times of high traffic volume, the
coverage area of this distant site shrinks to accommodate an increasing number
of mobile devices. As a result, the Coverage Gap area actually expands during
times of high customer usage. In addition, the volume of voice and data services
used by Verizon Wireless customers has been increasing rapidly over time,
nearly doubling every year.2 Verizon Wireless has modified its existing facility in
an effort to maximize the capacity available; however, as shown in the graphic
below, increased demand for voice and data services has already outstripped the
capacity of the existing sites antenna sectors that serve the gap area.

2
Federal Communications Commission Report & Order 14-153, October 17, 2014, 7.
The below graphs show the increased usage over the last year as well as
predicted usage through October 2015 for the existing Verizon Wireless Lakeport
facility on Scotts Valley Road shown in the previous map. By comparing the
trend line of increasing usage (orange line) with the absolute maximum capacity
throughput and spectrum availability of this existing facility (red line), Verizon
Wireless RF engineering demonstrates that the existing sites Alpha sector is
predicted to reach capacity exhaustion in July 2015, and the Beta sector has
already reached capacity exhaustion. Achieving capacity exhaustion severely
compromises the Verizon Wireless network, leading to failed call attempts,
dropped calls, poor call quality and slow data speeds (the Capacity Gap).
Existing Lakeport Facility
Alpha Sector
Existing Lakeport Facility

Beta Sector
Conclusion
As cellular networks mature, distant sites must be supplemented with more sites
closer to customers, in large measure due to the increase in usage of the
network. In addition, certain fourth- and fifth- generation technologies require
facilities closer to customers and cannot be provided by the current distant site.
These coverage and capacity demands have resulted in the Significant Gap in
Verizon Wireless service in Lakeport. Verizon Wireless must deploy a new
facility to provide the in-building service coverage required by customers and to
avoid further degradation of its network in the area of the identified Significant
Gap.
Please feel free to contact me with any questions or comments regarding
Verizon Wireless's proposed facility.
Respectfully submitted,
Benjamin Santa Maria

RF Design Engineer
Network Engineering Department
Verizon Wireless
Alternatives Analysis
Verizon Wireless
Downtown Lakeport
1875 North High Street, Lakeport

June 8, 2015
Summary of Site Evaluations
Conducted by Complete Wireless Consulting
Compiled by Mackenzie & Albritton LLP
TABLE OF CONTENTS
I. Executive Summary ................................................................................................... 3

II. Significant Gap.......................................................................................................... 3
III. Methodology ............................................................................................................ 3
IV. Analysis..................................................................................................................... 3
1. Lake County Courthouse ............................................................................ 5
2. Fern/Pugh Property (Proposed Facility) ..................................................... 6
3. Ruzicka Property......................................................................................... 8
4. Passantino Property..................................................................................... 9
5. Clark Property........................................................................................... 11
6. Franusich Property .................................................................................... 13
7. Wright Property ........................................................................................ 15
8. Shock Property.......................................................................................... 17
9. Maldonado Property.................................................................................. 18
10. Windflower Holdings Property................................................................. 20
Conclusion ....................................................................................................................... 21
Map of Alternatives
I.
Executive Summary
Verizon Wireless has identified a significant gap in network service in the

Lakeport area. Based on a review of 10 site alternatives as set forth in the following
analysis, Verizon Wireless believes that placement of a 72 foot monopole facility
disguised as a pine tree at the rear of a commercial parcel (the Proposed Facility)
constitutes the least intrusive alternative for providing Verizon Wireless service to the
identified gap based on the values expressed in the Lakeport Municipal Code (the
Code).
II.
Significant Gap
There is a significant gap in Verizon Wireless in-building service coverage in the

Lakeport area. This coverage gap includes areas and important roadways that lack invehicle service. Further, the accelerating increase in the use of voice and data wireless
services has led to capacity exhaustion of the existing Verizon Wireless network in the
area, compromising network accessibility, reliability and data speeds. The antenna
sectors of the existing Verizon Wireless facility serving the area, located over one mile to
the west, have reached capacity exhaustion, and Verizon Wireless must place an
additional facility in the vicinity of downtown Lakeport in order to provide reliable voice
and data services to the area. The identified significant gap in network capacity is
more fully described in the Verizon Wireless Necessity Case of Radio Frequency
Engineer Benjamin Santa Maria (the Significant Gap).
III.
Methodology
Once a significant gap has been determined, Verizon Wireless seeks to identify a
location and design that will provide required coverage and capacity through the least
intrusive means based upon the values expressed by local regulation. In addition to
seeking the least intrusive alternative, sites proposed by Verizon Wireless must be
feasible. In this regard, Verizon Wireless reviews the radio frequency propagation,
elevation, height of any existing structures, available electrical and telephone utilities,
access, and other critical factors such as a willing landlord in completing its site analysis.
Wherever feasible, Verizon Wireless seeks to identify opportunities that allow placement
of camouflaged or stealth wireless facilities to minimize visual impacts to surrounding
properties.
The Code allows public utility towers and poles to be placed in all zoning districts
except the CB-Central Business district. Code 17.28.010(H). Radio towers and similar
structures may exceed the 35 foot height limit with approval of a use permit. Code
17.28.010(L). New commercial construction requires architectural and design review
approval under the criteria of Code 17.27.110.
IV.
Analysis
Verizon Wireless first investigated collocation opportunities on other existing

telecommunication facilities in the Lakeport area, and identified one building-mounted
site. Verizon Wireless next sought locations where a new wireless facility could be
3
placed and reviewed nine locations, choosing a location that provides excellent service to
the Significant Gap with minimal aesthetic impacts.
The results of this analysis are as follows:
Collocation Site
Verizon Wireless first investigated collocation opportunities for its wireless
facility, and identified the following location, the only existing commercial wireless
facility in Lakeport, which was deemed unsuitable due to structural issues and a landlord
unwilling to lease remaining rooftop space.
1.
Lake County Courthouse

Address: 255 N. Forbes Street
Elevation: 1,360 feet
Zoning: PCU
Verizon Wireless reviewed this location 0.8 miles south of the Proposed Facility
which already supports the antennas and equipment of two wireless carriers on the roof.
Verizon Wireless approached Lake County to discuss lease terms, however, it was
revealed during negotiations that structural issues with the roof had already caused
complications for one of the wireless carrier tenants, AT&T. AT&Ts facility
modification project was suspended indefinitely due to structural issues with the roof.
Further, the County has expressed reservations about leasing to a third wireless carrier.
An email to a Verizon Wireless representative from County representative Jeff Rein
concluded that We were not all that keen on utilizing the last remaining space on the
roof anywayit is getting crowded up there.1 Considering the rooftop structural issues
and the landlord unwilling to lease remaining rooftop space, this location is not a feasible
alternative for placement of Verizon Wirelesss facility.
Email from Lake County representative Jeff Rein to Jackie Erickson of Complete Wireless Consulting,
March 6, 2014.
New Facilities
Lacking a feasible collocation opportunity, Verizon Wireless next pursued
placement of a new freestanding tower or structure-mounted facility on properties with
sufficient space in the vicinity of the Significant Gap, and identified the following nine
locations.
2.
Fern/Pugh Property (Proposed Facility)

Address: 1875 North High Street
Zoning: C-2
Verizon Wireless proposes to place a 72 feet tower disguised as a pine tree at the
rear of this commercial parcel behind an existing building. The treepole design is
supported by City staff and the Planning Commission, and branch density and colors will
complement nearby large evergreen trees in the vicinity. Antennas will be disguised by
needle socks. The treepole will be placed next to a 190 square foot equipment shelter and
a backup generator to provide power in case of emergencies, and these will be
surrounded by a slatted chain link fence to the east and a cinderblock wall on the south,
west and north. The existing building to the east will screen the equipment area from
view from North High Street, and new utilities serving the facility will be placed
underground. As shown in the map below, a tower at this location will provide excellent
radio frequency propagation to serve to the Significant Gap, providing continuous new
in-building coverage from areas north of the City limits south to areas near 1st Street.
Further, the Proposed Facility will provide needed capacity relief for the Verizon
Wireless network in the area. This is Verizon Wirelesss preferred location for placement
of a wireless facility to serve the Significant Gap.
Coverage Provided by Proposed Facility

Fern/Pugh Property
1875 North High Street
3.
Ruzicka Property
Address: 1833 North High Street
Zoning: C-2
Verizon Wireless investigated this large commercial property due south of the
property on which the Proposed Facility is to be located. The property owner is also the
appellant of the Proposed Facility. Verizon Wireless originally approached this property
owner with a proposal for a wireless facility, and though the property owner indicated
they were not interested in a tower facility on the property, they were willing to consider
a stealth rooftop-mounted facility. Verizon Wireless reviewed placement of antennas on
the roof of an empty store building on the property, however, the zoning district height
limit of 35 feet would limit antennas to a centerline of approximately 30 feet, which
would not provide adequate service coverage to the Significant Gap. Further, the low
centerline would prevent a facility at this location from providing adequate network
capacity offload from the existing Verizon Wireless facility currently serving the area.
Verizon Wireless radio frequency engineers have determined that an additional 30 feet in
height would be required to provide adequate coverage and capacity. Lacking the ability
to fully serve the Significant Gap, this is not a feasible location for Verizon Wirelesss
facility.
4.
Passantino Property
Address: 1170 11th Street
Zoning: R-1
Verizon Wireless investigated this large residentially-zoned parcel located 0.5

miles southwest of the Proposed Facility and over 100 feet higher in elevation. This
location was suggested by the appellant of the Proposed Facility. The property currently
supports an orchard, and is situated on a topographic rise only 0.6 miles east of the
existing Verizon Wireless facility on Scotts Valley Road. Verizon Wireless radio
frequency engineers predict that a facility at this location would be a source of
interference for the existing Verizon Wireless facility to the west. Further, propagation
modeling demonstrates that a facility at this location would not be effective in
propagating signal to the Significant Gap, due to the topographic rise and distance. As
shown in the coverage map below, propagation from this location does not provide
needed in-building coverage in much of the downtown Lakeport area and areas north, and
there would remain pockets lacking in-vehicle coverage in the neighborhood north of 20th
Street near the schools. Lacking the ability to fully serve the Significant Gap, this is not a
feasible location for Verizon Wirelesss facility.
Coverage Provided by Facility at Passantino Property

1170 11th Street
10
5.
Clark Property
Zoning: R-1

miles southwest of the Proposed Facility and over 100 feet higher in elevation. The
property currently is situated on a topographic rise only 0.6 miles east of the existing
Verizon Wireless facility on Scotts Valley Road. Verizon Wireless radio frequency
engineers predict that a facility at this location would be a source of interference for the
existing Verizon Wireless facility to the west. Further, propagation modeling
demonstrates that a facility at this location would not be effective in propagating signal to
the Significant Gap, due to the topographic rise and distance. As shown in the coverage
map below, propagation from this location does not provide needed in-building coverage
in several areas of downtown Lakeport.
Verizon Wireless sent a letter of interest to the property owner with a proposal for
a wireless facility, but received no response. With neither the ability to fully serve the
Significant Gap nor a willing landlord, this is not a feasible location for Verizon
Wirelesss facility.
11
Coverage Provided by Facility at Clark Property

1020 11th Street
12
6.
Franusich Property
Address: 1251 Mellor Drive
Zoning: R-1

miles southwest of the Proposed Facility and some 70 feet higher in elevation. The
property currently is situated on a topographic rise only 0.75 miles east of the existing
Verizon Wireless facility on Scotts Valley Road. Verizon Wireless radio frequency
engineers predict that a facility at this location would be a source of interference for the
existing Verizon Wireless facility to the west. Further, propagation modeling
demonstrates that a facility at this location would not be effective in propagating signal to
the Significant Gap, due to the topographic rise and distance. As shown in the coverage
map below, propagation from this location does not provide needed in-building coverage
in several areas of downtown Lakeport as well as areas north near the schools.
Wirelesss facility.
13
Coverage Provided by Facility at Franusich Property

1251 Mellor Drive
14
7.
Wright Property
Address: 1130 Central Park Avenue
Zoning: R-1
Verizon Wireless investigated this large residentially-zoned property situated on

a topographic rise 0.7 miles southwest of the Proposed Facility and approximately 90 feet
higher in elevation. Verizon Wireless radio frequency engineers predict that a facility at
this location would be a source of interference for the existing Verizon Wireless facility
to the west. Further, propagation modeling demonstrates that a facility at this location
would not be effective in propagating signal to the Significant Gap, due to the
topographic rise and distance. As shown in the coverage map below, propagation from
this location does not provide needed in-building coverage in much of the downtown
Lakeport area and areas north, and there would remain pockets lacking in-vehicle
coverage in the neighborhood north of 20th Street near the schools.
Wirelesss facility.
15
Coverage Provided by Facility at Wright Property

1130 Central Park Avenue
16
8.
Shock Property
Address: 700 Adams Street
Zoning: R-1
Verizon Wireless investigated this residentially-zoned vacant hillside property

located 0.25 miles northwest of the Proposed Facility. The property owner expressed
initial interest in placement of a wireless tower on the property, however, during an onsite visit it was discovered that, due to the steep slope and narrow sliver shape of the
parcel, a facility could only be placed directly adjacent to a residence on a neighboring
parcel. The property owner and a Verizon Wireless representative agreed that, due to the
location constraints presented by the parcels shape and steep grade, this location would
not be appropriate for a wireless tower. Lacking a willing landlord, this is not a feasible
location for Verizon Wirelesss facility.
17
9.
Maldonado Property
Zoning: R-1
Verizon Wireless investigated this large residentially-zoned property located 0.8

miles southwest of the Proposed Facility. The property slopes upward to the east to a
point nearly 90 feet higher in elevation than the Proposed Facility. Further, propagation
modeling conducted by Verizon Wireless radio frequency engineers demonstrates that a
facility at this location would not be effective in propagating signal to the Significant Gap
due to its distance and location to the south. As shown in the coverage map below,
propagation from this location does not provide needed in-building coverage in areas of
downtown Lakeport and areas north including the schools, and there would remain
pockets lacking in-vehicle coverage in the neighborhood north of 20th Street near the
schools.
Wirelesss facility.
18
Coverage Provided by Facility at Maldonado Property

995 4th Street
19
10.
Windflower Holdings Property

Address: 520-540 14th Street, Parcel at 16th Street and Hartley Street
Zoning: R
Verizon Wireless investigated these residentially-zoned vacant parcels located

0.25 miles southwest of the Proposed Facility. Following extensive correspondence
between Verizon Wirelesss representatives and property owners counsel during
February 2014, property owners counsel informed Verizon Wireless that the property
owner was not interested in moving forward with a proposal. Lacking a willing landlord,
this is not a feasible location for Verizon Wirelesss facility.
20
Conclusion
Verizon Wireless investigated 10 locations for the placement of its wireless
facility to serve a Significant Gap in network capacity in Lakeport. Based upon the
preferences identified in the Lakeport Municipal Code, the Proposed Facility, placing a
camouflaged treepole on a commercial parcel, clearly constitutes the least intrusive
location for Verizon Wirelesss facility under the values expressed by City of Lakeport
ordinances.
21
CITY OF LAKEPORT
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
ITEM:
VI. C.
DATE:
May 13, 2015
FILE NO:
UP 14-04/ AR 14-12 / CE 14-24
APPLICANT:
Verizon Wireless
2785 Mitchell Drive
Walnut Creek, CA 94598
AGENT:
Jenny Blocker
Complete Wireless Consulting, Inc.
2009 V Street
Sacramento, CA 95818
PROPERTY OWNER:
Stephen R. Pugh & Carol A. Fern

142 Drakewood Place
Novato, CA 94947
STAFF CONTACT:
Kevin M. Ingram, Community Development Director
PROPOSED ACTION AND LOCATION: An application for a Use Permit and

Architectural & Design Review to allow the installation and operation of a new
wireless communication facility (WCF) on a portion of the site of an existing
commercial operation located in the C-2 (Major Retail) zoning district.
The subject property is located at 1875 North High Street and is further described
as APN 026-043-06. The proposal consists of a 35 x 40 lease area to include an
approximately 200 square foot prefabricated concrete equipment shelter, diesel
generator, 132 gallon fuel tank, 72 tall monopine antenna with (3) antenna
sectors and (3) antennas per sector, and supporting ancillary equipment. The
Use Permit is required for the antenna due to its total height.
GENERAL PLAN DESIGNATION AND ZONING DISTRICT: The subject property is
designated Major Retail according to the City of Lakeport General Plan Land
Use Map and is zoned C-2 (Major Retail).
Section 17.28.010 L. of the City's Zoning Ordinance sets forth the special height
restrictions in the City and states that chimneys, silos, flag poles, monuments,
UP 14-04/Verizon High Street
May 13, 2015
radio towers, water tanks, church steeples, and similar structures or mechanical
appurtenances may exceed the 35 foot height limit within the City upon
approval of a Use Permit.
Section 17.28.010 H. addresses public utility facilities and states that public utility
distribution and transportation lines, towers and poles, and underground facilities
for the distribution of gas, water, communication, and electrical facilities shall be
allowed in all zoning districts except for the CB (Central Business) district.
PROPERTY DESCRIPTION & PERMIT HISTORY: The subject property is located on the
west side of North High Street near the corner of Twentieth Street. The site is just
slightly less than one acre in size and has 141.70 of width and 300 of length.
Curb, gutter and sidewalk are present along the North High Street frontage with
two larger driveway curb-cuts serving the existing commercial business at the
site. North High Street is improved with a center turn lane and Class 2 bike lanes
on both sides of the street.
The parcel is bounded on the north, south and east by commercially zoned
property. The High Street Shopping Center lies to the south, the Iron Worker Gym
to the north. Several light retail and professional office uses lie adjacent to this
property on the east side of North High Street. Property to the west is zoned R-2,
Medium Density Residential and the property located to the immediate west is
developed with a single-family residence.
Rodgers Glass currently operates a commercial and residential glass works
business in an approximately 4,000 square foot building at this site. Two other
smaller accessory structures are also present. In 1997 an Architectural and
Design Review (AR 97-04) application for one of the accessory structures (metal
building) was approved by the Planning Commission. An earlier Use Permit (91006) was granted in 1991 allowing for outdoor vehicle storage at the site.
LEGISLATIVE SETTING: The Federal Telecommunications Act of 1996 governs
federal, state and local government oversight of siting of "personal wireless
service" facilities such as towers for cellular, personal communications service
(PCS), and specialized mobile radio (SMR) transmitters. In summary, this law
preserves local authority on the placement, construction, and modification of
personal wireless service facilities (i.e. zoning decisions on antenna towers, etc.)
with the following exceptions: 1
1. Local authorities cant discriminate among providers of functionally
equivalent services. For example, if cellular providers already have
facilities in the area, additional or new providers of similar services - such
as PCS - cant be prohibited, but should be allowed under the same rules
that govern existing services. Similarly, if three PCS providers are operating
in an area, a fourth cant be excluded by the local authority simply
because they feel that three providers are sufficient.
2. Local authorities cant reject all wireless communications services (i.e.
facilities) completely, nor have the effect of prohibiting wireless
1
www.compcomminc.com/Telcomm1996.doc
services, for
ordinances.
example
May 13, 2015
by
enacting
excessively
restrictive
zoning
3. When an appropriate request for authorization of wireless facilities is filed,

local authorities must act within a reasonable period of time.
4. Any rejection of a request for wireless facilities must be in writing and
supported by substantial evidence in a written record (e.g.
proceedings).
5. Local authorities cant reject a request for wireless facilities based on
health concerns if the facilities meet the FCCs regulations concerning
radio frequency (RF) emissions. In other words, local rules cant be more
stringent than Federal ones. Local authorities can require that providers
demonstrate compliance.
As previously indicated, Section 17.28.010 H. of the Citys Municipal Code
addresses public utility facilities and states that public utility distribution and
transportation lines, towers and poles, and underground facilities for the
distribution of gas, water, communication, and electrical facilities shall be
allowed in all zoning districts except for the CB (Central Business) district. A Use
Permit is required when telecommunication facilities exceed 35 in height.
PROJECT DESCRIPTION: As described, the project applicant has submitted an
application for a Use Permit to allow the installation and operation of a wireless
communication facility (WCF) that will exceed the 35 height limitation together
with an application for an Architectural and Design Review for new construction
within a commercial zoning district.
In addition to the required applications, a project narrative/description,
justification statement/response to zoning criteria, vicinity map, site plan,
construction elevations, photo simulations of the completed project, equipment
coverage maps (existing & proposed), alternative site analysis, radio frequency
site compliance report, noise analysis, and other supplemental information have
been submitted.
The subject property is approximately one acre in size and currently developed
with a 4,000 square foot building housing a glass works business, Rodgers Glass.
The proposed project seeks to lease a 35 X 40 in the rear portion of the property
near the southern boundary line located behind the existing commercial
operation for the placement of a WCF.
As described in the applicants project narrative and other submitted materials,
the proposal involves the installation, construction and operation of a new WCF.
The purpose of the antenna tower is to close a significant gap in service in the
central area of Lakeport. In order to address this coverage gap Verizon began
a search within a 3000 radius of downtown Lakeport. The site search focused
upon four primary criteria:
A willing landlord;
Feasible construction;
Road access, available telephone and electrical utilities; and
Compliance with local zoning requirements.
May 13, 2015
Verizon identified four potential sites for the placement of a new WCF which
included the potential colocation of a new antenna on top of the Lake County
Courthouse, which was ultimately ruled out due to structural issues with the
existing the roof.
Maps have been submitted which illustrate the proposed coverage area and
service levels after the installation of the proposed facility. According to the
project narrative, the proposed site allows for the least obtrusive tower facility
within an appropriate commercial zoning district. The proposed WCF will
primarily benefit existing and new Verizon customers but the facility also will act
as a back-up system to traditional landline phone service during natural disasters
and other catastrophes. The facility will also be fitted with back-up batteries
and an emergency fuel generator to ensure that the antennas are powered
during long-term periods of power loss.
The submitted facility description and site plan indicates that the proposal
consists of a 116 x 1610 prefabricated concrete equipment shelter, 30kw
standby emergency diesel generator with 132 gallon fuel tank, 72 tall monopine
tower with (3) antenna sectors and (3) antennas per sector, and supporting
ancillary equipment. The equipment shelter, and generator with fuel tank will be
placed on a concrete slab 2 above ground level to avoid flood plain impacts.
The facility will be enclosed by an 8 tall concrete block screening wall on three
sides, galvanized chain link security fencing with green-colored vinyl slats,
barbed wire at top, and a 12 wide double-swing access gate. The facility will
be served by underground power and telecommunication utilities in
accordance with the requirement of the Lakeport Municipal Code.
The site will be accessed via a proposed 15 wide non-exclusive access and
utility easement from North High Street and utilize the northern most driveway
serving the property. Power and telecommunications will be placed
underground and connected to the proposed facility via 6 wide non-exclusive
utility easements at the nearby point-of-connections for each along North High
Street. All sidewalk/pavement cuts and disturbances will need to be improved
to City standards outlined in the Municipal Code. This unmanned facility will
provide communication services to area residents, businesses and visitors 24
hours a day, 7 days a week.
In working directly with staff it was determined in the early project review stage
that a standard monopole design was not suitable for this location. Instead, a
stealth monopine tower that is intended to appear as a pine tree was chosen
as the best means to blend with the surrounding commercial and residential
uses in the area.
May 13, 2015
STAFF AND AGENCY COMMENTS:

Notice of the proposed Use Permit and Architectural and Design Review for the
WCF was provided to City staff and other public agencies for their comments.
City Building Official:
No Building Code issues

Staff response: Building permits will be required to be obtained prior to the
construction of the WCF. All construction plans related to the WCF will be
required to be prepared by a licensed engineer. The tower, antennas and
ground-based equipment will be required to be maintained in good repair
for the life of the project.
City Engineer:
Curbs and gutter, sidewalk, and driveways shall be replaced per City
standards.
Staff response: Existing site improvements include curb, gutter and
sidewalk. Any construction related activities that require disturbance of
these existing improvements shall be repaired to meet existing City
improvement standards. Per Lakeport Municipal Code Section 17.23.060
(G) the entire driveway accessing the WCF will be required to be paved
with asphalt or concrete.
Lakeport Fire Protection District:
No comments
Staff response: Staff has recommended a condition of approval which
requires the provision of a Knox key box or Knox padlock to allow the Fire
District personnel to access into the WCF enclosure if a fire-related
emergency takes place.
Lakeport Police Department:
No specific comments related to the specific project; however, an inquiry

was made as to the likelihood of being able to locate future emergency
services telecommunications equipment at this site.
Staff response: In a conversation with the project representative it was
stated that Verizon is always willing to work with local emergency service
providers in the colocation of antennas and other similar equipment on
their towers so long they dont undermine the capabilities of their
equipment or undermine the structural integrity of the facility.
Lakeport Public Works Department:
No comments
Staff response: None.
May 13, 2015
CONFORMANCE WITH CHAPTER 17.27 OF THE LAKEPORT MUNICIPAL CODE ARCHITECTURAL AND DESIGN REVIEW: Section 17.27.010 of the Zoning
Ordinance indicates that the purpose of the Architectural and Design
Review provisions is:
A.
To protect the public health, safety, and general welfare of the

City by promoting orderly and harmonious growth;
B.
To carry out the goals, policies, and programs of the Lakeport

General Plan with respect to land development and community
design;
C. To ensure that new development occurs in accordance with the

provisions of this title;
D.
To recognize the correlation between land values and aesthetics

and to provide a method by which the City may manage this
correlation to the benefit of the community;
E.
To lend stability to land values and investments by implementing

consistent design standards and guidelines;
F.
To ensure that future development is attractive and harmonious

with Lakeports unique character and community identity;
G. To encourage excellence in design for all new development

which harmonizes style, intensity, and type of construction with
the natural environment and respects the unique features of
each site and the surrounding area.
H.
To promote high quality design that enhances the entire

community, is consistent with the scale and quality of existing
development, and is harmoniously integrated with the natural
environment.
I.
To discourage the development of individual buildings which

dominate the surrounding area or attract attention through
inappropriate colors, mass, or architectural expressions.
J.
To upgrade the appearance, quality, and condition of existing

improvements in conjunction with new development or
remodeling of the site; and
K.
To preserve buildings and areas with historic or aesthetic value

and maintain the character and scale of the City.
Section 17.27.080 indicates that:

The Planning Commission or Community Development Director may
approve, conditionally approve, or deny an application for
Architectural and Design Review.
The Planning Commission or
Community Development Director shall review proposed applications
for consistency with the Architectural and Design Review criteria and
standards included in the Zoning Ordinance and shall require any
conditions necessary to meet the purpose of the chapter in order to
attain compliance with the criteria set forth herein.
May 13, 2015
As is the case with all Architectural and Design Review applications, the Planning
Commission has the authority to review proposed plans for consistency with the
Architectural and Design Review criteria and standards found in the Lakeport
Municipal Code. The Planning Commission may require conditions of approval
to attain compliance with the applicable criteria.
Section 17.27.110 of the Citys Municipal Code sets forth numerous Architectural
and Design Review Criteria and Standards. These criteria and standards address
a variety of issues including:
Promoting Harmony of Design of Buildings
Promoting Creativity and Diversity of Design
Building Design, Details and Color Criteria
Buffering, Incompatible Uses and Site Lighting Criteria
Maintenance of the Building and Project Site Criteria
Landscaping Design Criteria
STAFF ANALYSIS: As noted in the above sections, the applicant has provided a
detailed project description, site plan, colored structural elevations, photo
simulations and other related materials describing the proposed WCF monopine
tower, antennae and ground based equipment. Additionally, the applicant has
also stated that they intend to bring in sample materials to be used for the WCF
at the scheduled Planning Commission public hearing on May 13, 2014.
May 13, 2015
In addition to the monopine tower the antennas located near the top of the
tower are to be further camouflaged through the use of special needle sock
coverings designed to blend the antennas into the pine tree-like design. The
monopine design is available in various styles and colors to best blend in with the
existing vegetation and site conditions. The applicant has supplied photo
simulations to demonstrate how the WCF will appear to commercial and
residential properties in the area as well as passing pedestrians and motorists.
Additional photo simulations showing the proposed monopine design from

Twentieth Street and from Lakeshore Boulevard have been made a part of this
staff report as Attachment 3, including sample photos of ground-based
equipment.
The equipment shelter, diesel generator and fuel tank are proposed to be
located at the base of the antenna tower within the lease area and will be
enclosed by an 8 tall concrete block screening wall on three sides, galvanized
chain link security fencing with green-colored vinyl slats, barbed wire at top, and
a 12 wide double-swing access gate. In addition to the proposed screening,
the existing vegetation along the parcel boundary will be retained to further
screen ground equipment from the view of adjacent properties and roadways.
As previously indicated, utilities serving the WCF will be undergrounded.
Although the monopine tower would be taller than the nearby tree canopy as
depicted in the photo simulation shown above, staff supports this option as the
May 13, 2015
monopine will be less visually obtrusive than an unadorned monopole tower.

There are a number pine and redwood trees of similar size scattered throughout
Lakeport as shown below:
Fourth Street east of N. Main St.
Corner of N. Forbes & Sixth Sts.
The proposed monopine tower at this location is very similar to a WCF facility
that was approved by the Lakeport Planning Commission in 2009 at the corner
of Third and North Brush Streets nearer downtown which was never constructed.
The proposed location of the antenna tower, ground-mounted equipment and
facility access appear to be generally functional and logically designed.
Construction of the proposed building will not require significant modifications to
the existing site, as the project area has a relatively flat topography.
Development of the site as proposed will not require significant grading or
import of fill materials.
CONFORMANCE WITH TITLE 17, CHAPTER 17.24.020, OF THE CITY OF LAKEPORT
MUNICIPAL CODE (AUTHORITY TO GRANT USE PERMITS)
The Planning Commission may approve, conditionally approve, or
disapprove applications for a use permit subject to the general
purposes of this ordinance, the specific purposes of the base or
combining zoning district in which a development site is located,
and the provisions of this chapter. The Planning Commission may
impose requirements and conditions with respect to location, siting,
construction, maintenance, operation, duration, and any other
aspect of the use as may be deemed necessary for the protection
of adjacent properties and uses and the publics health and safety.
The granting of the use permit shall not exempt the applicant from
10
May 13, 2015
complying with the requirements of the Citys building codes, other

requirements of this ordinance, and other applicable City, state, or
federal requirements.
As indicated above the Planning Commission may approve, conditionally
approve, or disapprove applications for a Use Permit subject to the general
purposes of this ordinance, the specific purposes of the base or combining
zoning district in which a development site is located, and the provisions of this
chapter.
Section 17.24.040 of the Municipal Code contains the following findings on which
the Planning Commission may approve or modify a Use Permit application in
whole or in part, with or without conditions.
The applicant also submitted detailed responses to the Use Permit criteria set
forth in the Municipal Code. The applicants responses will be provided below in
conjunction with staffs analysis of the Use Permit criteria.
A. That the proposed location and use is consistent with the objectives of this
ordinance and the purposes of the district in which the site is located;
Staff analysis: The proposed wireless communication facility including the
monopine antenna which will exceed the 35 height limit is consistent with
the objectives of the Zoning Ordinance and the purposes of the C-2, Major
Retail Zoning District.
The applicant acknowledges that the aesthetic appearance of the tower is
a concern to nearby residents, businesses and pedestrian and vehicular user
of nearby roadways. The proposed WCF has been designed to appear to be
a large pine tree and consists of colors consistent with other larger trees in the
area as well as that vegetation commonly seen dotting hillsides that make
up the visual backdrop in this area.
B. That the proposed location of the use and proposed conditions under which
it would be operated or maintained will be consistent with the General Plan;
will not be detrimental to the health, safety, or welfare of persons residing or
working in or adjacent to the neighborhood of such use; and will not be
detrimental to properties or improvements in the vicinity or to the general
welfare of the City;
Staff analysis: The project site and the proposed WCF are consistent with the
General Plan in that the C-2 zoning designation is consistent with the sites
General Plan designation of Major Retail. Policy ED 12.5 of the General Plan
addresses communication facilities and indicates that the City should
encourage the installation of fiber optic cable or wireless communication
systems in the Lakeport area. 2
In terms of potential detrimental impacts to the health, safety, or welfare of
persons residing or working in or adjacent to the neighborhood of the
2
City of Lakeport General Plan, Economic Development Element, Pg. VI-8
11
May 13, 2015
proposed project, notice has been provided to property owners within a 300
radius of the subject property. A Public Notice was also published in the
Record-Bee and posted on the Lake County News website. No inquiries or
objections have been received as of this writing.
Notice was also provided to various City departments and affected
agencies and the responses are addressed in a previous section of this staff
report.
As discussed in the project description section of this report, the proposed
antenna will be located in a stealth-type structure. Staff believes that the
monopine structure will not be a significant visual obstruction and that it will
blend into the natural environment better than a standard monopole design.
Although a standard monopole design option would occupy a smaller visual
footprint at just over 60, as opposed to the proposed 72 monopine design,
staff believes that an unadorned pole structure would be more incongruous
than the monopine. The equipment shelter and related ground-mounted
equipment will be adequately screened from view according to the
submitted plans and details.
The applicants response to the zoning criteria notes includes the Radio
Frequency (RF) Site Compliance Report prepared by Sitesafe, Inc dated
September 25, 2014. The proposed facility will operate consistent with all
applicable Federal RF public exposure limits as regulated by the FCC. Staff is
also recommending a condition of approval requiring the applicant to
provide annual reports to the City confirming the tower is operating in
compliance with FCC emissions restrictions. Failure to maintain compliance
with FCC emissions regulations may result in revocation of the Use Permit.
As proposed and with the incorporation of proposed project conditions, the
WCF will not be detrimental to properties or improvements in the vicinity or to
the general welfare of the City. The facility will not interfere with existing uses
on the subject parcel or adjacent properties. The proposed facility will be
unmanned, but will operate 24 hours per day, 7 days per week. Routine
maintenance activities will occur on a bi-weekly basis.
Routine testing of the emergency standby diesel generator will occur biweekly, but will be limited to normal business hours for a short 15-20 minute
duration and be in compliance with City noise standards and Lake County
Air Quality Management District regulations as demonstrated in the
Environmental Noise Analysis prepared by Bollard Acoustical Consultants, Inc
dated November 4, 2014.
The proposed facility will improve wireless communications for Verizon
network users and emergency response personnel in the area. Additional
conditions of approval related to fire protection, placards/signage, need to
obtain building permits, and site maintenance have been recommended.
C. That the proposed use will comply with the provisions of this ordinance.
12
May 13, 2015
Staff analysis: Upon issuance of the Use Permit the applicant will be allowed
to proceed with the construction and operation of a new wireless
communication facility, subject to the recommended conditions of
approval.
The written project description proposes the maintenance of the existing
gravel driveway at this location. In order to be in compliance with the
Zoning Ordinance staff is recommending that a condition of approval
imposed requiring the access driveway to the WCF and related parking area
be paved with asphalt or concrete in accordance with Lakeport Municipal
Code Section 17.23.060 (G).
The location of the proposed WCF does not interfere with existing
commercial activities at this site or that of neighboring properties. Proposed
setbacks exceed the minimum side and rear yard setback requirements of
the C-2 zoning district and assist in reducing potential land use conflicts with
adjacent residential uses to the west of the project site.
Based on this analysis, staff believes that the proposed improvements are in
compliance with the Architectural and Design Review standards set forth in
the Municipal Code. As described herein and depicted in the application
materials, the proposed WCF is located in a commercial area and has been
designed to be minimally intrusive to surrounding land uses. The monopine
design incorporates colors and materials that blend and are made to be
consistent with other large trees in the Lakeport area and will be less
noticeable and more attractive than a traditional monopole design. The
project takes advantage of existing vegetation at the site to further disguise
ground mounted equipment from public view.
Provided the recommended conditions of approval are incorporated into the
project approval, staff believes that the proposed wireless communication
facility will not result in any detrimental impacts to the health, safety, or welfare
of persons residing or working in or adjacent to the neighborhood of the
proposed project nor will it detrimentally impact the surrounding properties.
CEQA COMPLIANCE: The proposed project is eligible for a Categorical
Exemption from the California Environmental Quality Act (CEQA). Section 15303
of the CEQA Guidelines indicates that small construction projects which consist
of less than 2,500 square feet of floor area are considered to be exempt. Staff
has contacted other Planning Departments in regards to previous WCF project
applications and found that similar projects have been approved with a
Categorical Exemption in Citrus Heights, Rocklin, Redding, Galt, and San Louis
Obispo County.
It is important to note that Section 15300.2 of the CEQA Guidelines states that a
project typically eligible for a Categorical Exemption is not exempt if it is located
in a sensitive environment that would be impacted by the project or if the
project has a cumulative impact, a significant environmental impact, an impact
13
May 13, 2015
to a scenic highway, an impact to a hazardous waste site, or an impact to

historical resources. Based on the information provided by the applicant and
staffs evaluation of the subject property, none of these factors impact the site
and therefore a Categorical Exemption from CEQA is recommended.
CONCLUSION AND RECOMMENDATION: Based on the information that has been
submitted by the applicant, the site visit, and responses from City staff and other
affected agencies, it is concluded that the proposed installation and operation
of a new wireless communication facility on a site located in the C-2 zoning
district is in conformance with the Citys Use Permit criteria.
The proposed project is considered categorically exempt from the provisions of
the California Environmental Quality Act according to Section 15303, Class 3, of
the CEQA guidelines.
Staff recommends that the Planning Commission approve the Use Permit subject
to the following conditions:
1.
The applicant/owner shall sign a standard City of Lakeport Project

Conditions Agreement which lists the conditions of approval and shall
agree to said conditions. A copy of the signed agreement shall be
returned to the City prior to the issuance of a development permit.
2.
The project shall be developed in accordance with the project

specifications contained in File UP 14-04 / AR 14-12 and described in the
staff report dated May 13, 2015. The WCF shall utilize a monopine style
antenna structure and shall not exceed 72 feet in height as measured from
the adjacent ground surface. No portions of the monopine tower or
branches shall extend over the property lines of the site. All antennas at this
WCF shall be concealed within the monopine structure and be further
camouflaged through the use of needle socks. Minor alterations which
do not result in increased environmental impacts may be approved in
writing by the City of Lakeport Community Development Director.
3.
The proposed monopine tower shall incorporate features that best blend
with existing vegetation in the area. The Community Development
Department shall approve the design and color prior to issuance of any
building permits. If the tower or related equipment create glare, the
4.
The enclosure for the WCF shall be comprised of an 8 tall concrete block
screening wall on three sides, galvanized chain link security fencing with
green-colored vinyl slats, barbed wire at top, and a 12 wide double-swing
access gate. The enclosure shall screen all equipment cabinets related to
the WCF.
5.
All construction plans related to the WCF shall be prepared by a licensed

engineer.
6.
The electric service for the WCF and related equipment shall be installed
underground from the nearest available service connection.
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May 13, 2015
7.
The new driveway serving the wireless communication facility shall be

paved with asphalt or concrete in accordance with Lakeport Municipal
Code Section 17.23.060 (G). A minimum of one paved off-street parking
space shall be provided near the enclosure for maintenance personnel.
8.
Any construction related activities that require disturbance of existing rightof-way improvements shall be repaired to meet existing City improvement
standards consistent with Lakeport Municipal Code Section 12.04.040.,
including submittal of application for an encroachment permit and related
plans.
9.
All construction activities shall include adequate dust suppression including

frequent watering, the use of palliatives or other methods during grading,
earth work, and building periods. Site grading and building activities shall
be avoided during windy periods and all surfaces subject to grading
and/or heavy traffic and equipment usage, including public and private
streets, should be periodically sprinkled with water. Areas of bare soil shall
be stabilized to prevent the generation of wind-blown dust. Materials
transported to and from the site shall be covered or thoroughly watered in
order to minimize fugitive dust and any materials deposited on adjacent
roadways shall be removed in a timely manner.
10.
Prior to issuance of a building permit, the permit holder shall register the
hazardous materials with the Lake County Division of Environmental Health.
If quantities of materials stored exceed 55 gallons of liquid, 500 pounds of a
solid or 200 cubic feet of compressed gas, the permit holder shall prepare a
Hazardous Materials Business Plan for review and approval by the Division of
Environmental Health.
11.
Construction activities shall be confined to the hours of 7:00 a.m. to 7:00

p.m. Monday through Saturday and shall comply with the noise standards
set forth in Municipal Code Section 17.28.010 A.
12.
The wireless communication facility shall not generate noise in excess of the
limits set forth in Section 17.28.010 of the City of Lakeport Municipal Code.
The applicant/owner/developer shall take the appropriate steps to
effectively reduce or eliminate noise-related problems if the City receives
legitimate complaints.
13.
All new exterior lighting serving the WCF shall be shielded, provided with
property line cut-offs, and/or downlit so as to eliminate glare-related
impacts to adjacent properties or the public right-of-way. Details regarding
new exterior lighting shall be provided to the City prior to the issuance of a
development permit.
14.
Prior to construction, all necessary State and Federal operations permits

shall be obtained and copies provided to the City of Lakeport Community
Development Department.
15
May 13, 2015
15.
Uses not specifically approved with this use permit may not take place on
this site without prior approval of the City of Lakeport Community
Development Department in accordance with the Zoning Ordinance.
16.
All construction activities shall be immediately halted if cultural resources

are encountered. Before resuming construction the applicant shall have a
qualified archaeologist assess the site to determine the significance of the
find. The Community Development Department shall be contacted for
approval to resume grading if the archaeologist determines that there is a
less than significant impact for disturbing any undocumented cultural
resources upon the resumption of grading.
17.
The applicant/owner shall provide annual reports commencing on the day

the tower becomes operational to the Community Development
Department confirming the tower is in compliance with FCC emissions
restrictions. Failure of the permit holder to maintain compliance with FCC
emissions regulations may result in revocation of this Use Permit.
18.
The WCF enclosure shall be provided with a Knox key box or carry a Knox
padlock allowing the Lakeport Fire Protection District access into the
fenced area if a fire-related emergency occurs. The applicant/owner shall
coordinate the installation of the key box or padlock with the Fire District.
19.
Signage installed as part of the facility shall be limited to signs required for
identification and safety requirements.
20.
Material Safety Data Sheets (MSDS) shall be made readily available on the
premises.
21.
NFPA 704 placards shall be placed on any new building or equipment

cabinet containing battery systems.
22.
The applicant/owner shall permit the City of Lakeport or representatives to

make periodic inspections at any reasonable time deemed necessary in
order to assure that the activity being performed under authority of this
permit is in accordance with the findings and conditions prescribed herein.
23.
All equipment related to the wireless communication facility shall be

maintained in good condition for the life of the project, including the
antenna, equipment enclosure, access driveway and parking area. Any
damaged or dilapidated portions of the facility shall be repaired and/or
replaced in a timely manner.
24.
The Planning Commission may hold a hearing to revoke or modify the Use
Permit if the approved activity is determined to be detrimental to the
public health, safety or welfare or constitutes a nuisance or if any other
findings set forth in Municipal Code Section 17.24.080 are made.
25.
This Use Permit and Architectural and Design Review approval shall
become null and void if not activated by May 13, 2016, or if the use is
discontinued for six or more consecutive calendar months.
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May 13, 2015
SAMPLE MOTION
I move that the Planning Commission approve the applications for
Architectural and Design Review and Use Permit to allow for the
construction and operation of a new wireless communication facility
including an antenna in excess of 35 in height at 1875 North High Street.
The Planning Commissions approval is based on the following: a) the
information and documentation submitted by the project proponent; b)
the information and documentation contained in the Citys Staff Report
and file on the project; c) the information and facts received at the public
hearing on May 13, 2015; and d) the fact that there is general
conformance with the applicable criteria and standards specified in the
Lakeport Municipal Code and State and Federal law.
The Planning Commissions approval of the applications shall be subject
to the conditions of approval set forth in the Staff Report and/or as
amended by the Planning Commission at the public hearing.
Attachments
1. Written Project Description
2. Site Plan & Elevations
3. WCF Photo Simulations
4. Alternative Site Analysis
(Note: Referenced Radio Frequency Site Compliance Report &
Environmental Noise Analysis not included but can be made available
upon request.)

Lakeport City Council - Cell Phone Tower Appeal

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Lakeport City Council - Cell Phone Tower Appeal

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CITY OF LAKEPORT

Appeal of UP 14-09 Proposed Wireless Communication

Kevin M. Ingram, Community Development Director

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

Agenda Item #VI.A.

Promoting Harmony of Design of Buildings

Meeting Date: 06/16/2015

Agenda Item #VI.A.

Landscaping Design Criteria

Agenda Item #VI.A.

Lake County Courthouse, 255 North Forbes Street

Meeting Date: 06/16/2015

Agenda Item #VI.A.

Budget Adjustment Needed?

If yes, amount of appropriation increase: $

Meeting Date: 06/16/2015

Agenda Item #VI.A.

Meeting Date: 06/16/2015

Draft Project Conditions Agreement

Agenda Item #VI.A.

PROJECT CONDITIONS AGREEMENT

The applicant/owner shall sign a standard City of Lakeport Project

The project shall be developed in accordance with the project

UP 14-04 / AR 14-12 / CE 14-24

All construction plans related to the WCF shall be prepared by a licensed

The new driveway serving the wireless communication facility shall be

All construction activities shall include adequate dust suppression including

Construction activities shall be confined to the hours of 7:00 a.m. to 7:00

UP 14-04 / AR 14-12 / CE 14-24

effectively reduce or eliminate noise-related problems if the City receives

Prior to construction, all necessary State and Federal operations permits

All construction activities shall be immediately halted if cultural resources

The applicant/owner shall provide revised reports should equipment

NFPA 704 placards shall be placed on any new building or equipment

The applicant/owner shall permit the City of Lakeport or representatives to

UP 14-04 / AR 14-12 / CE 14-24

All equipment related to the wireless communication facility shall be

That said conditions shall be binding on all owners or persons having or

UP 14-04 / AR 14-12 / CE 14-24

TELEPHONE 707.263.5615 x11

May 26, 2015

PC Minute Order/ UP 14-04

May 26, 2015

PC Minute Order/ UP 14-04

May 26, 2015

MACKENZIE & ALBRITTON LLP

The Approved Facility Complies with All Code Requirements.