Planning Commission approves AT&T facility on Via Maria Elena

The county's Planning Commission approved a Major Use Permit for a wireless communications facility in the 30300 block of Via Maria Elena.

The Planning Commission's 5-0 vote Feb. 9, with Michael Beck and Doug Barnhart absent, allows AT&T to construct and operate a facility which utilizes a 30-foot false broadleaf tree and a concrete masonry unit enclosure for mechanical equipment.

"We have a mandate to make sure that emergency situations are covered by all carriers," said Planning Commissioner Bryan Woods.

The decision was not supported by neighbors of the property, who believe that a complaint to the Federal Communications Commission would be more effective than an appeal to the San Diego County Board of Supervisors.

"We're going to file a petition with the FCC," said Via Maria Elena resident Karen Brunell.

Under federal law local governments can consider aesthetics and other factors when regulating wireless telecommunications facilities but are not allowed to base their decisions on perceived health risks. Federal law also precludes any regulation of rooftop television antennas other than a height limit.

The county's notification policy requires that all property owners within 300 feet of the proposed project be notified and that a minimum of 20 property owners are notified. The notice is sent to the address on file with the County Assessor's office rather than to the address of the property itself.

"In a rural area like Bonsall 300 feet doesn't mean a whole lot," said Planning Commissioner David Pallinger.

Brunell's petition to the FCC will include the information she collected from neighbors which indicated that only two neighbors were notified. The hearing included comments in opposition by Via de la Reina resident John Battaglia as well as by Brunell. "No notification was given whatsoever," Battaglia said.

The 5.12-acre property owned by Justin Reynolds currently has a single-family residence and a citrus and avocado orchard. It has A70 Limited Agriculture zoning and an SR-4 Semi-Rural land use designation. The wireless facility will be located in the northern portion of the parcel and will be approximately 77 feet from the nearest property line and 300 feet west of the nearest residence.

Land with industrial or commercial zoning is preferred for wireless communications facilities, but the closest preferred zones are approximately two miles away. AT&T reviewed potential alternate sites, but those were at lower elevations and intervening terrain would prevent communication within the targeted coverage area. The nearest site with a potential opportunity for a co-located facility is approximately 0.8 miles away and at a lower elevation.

"AT&T confidently believes that this is the most appropriate location," said AT&T land use planner Morgan Norville.

Norville noted that the purpose of the wireless communications tower was to serve those in the Gopher Canyon community. "It's important for it to be located in a residential area," she said.

"The demand is there for the public and we're trying to offload traffic from other sites," said AT&T director of external affairs John Osborne. "We're trying to site these in the least intrusive manner we can."

Brunell has wireless communication service through Google and uses a landline for her Internet access. "I don't have a problem with my Internet. I don't have a problem with my cell phone," she said.

Battaglia is a Sprint wireless customer. "I've got perfect cell phone reception. I've got Internet connection. I'm fine," he said.

The surrounding orchard includes mature trees of a similar height, so the fruit trees are expected to buffer views of the facility neighbors may have, but downhill slopes surround all sides of the residence. "There's a valley here and this is on the top," Brunell said.

In May 2017 the Bonsall Community Sponsor Group voted 6-0 to recommend denial based on the impact of the false tree to surrounding properties.

The false tree will include nine panel antennas, two global positioning system antennas, and 18 remote radio units. Accessory equipment along with a 30 kilowatt emergency backup generator will be located in a concrete masonry unit enclosure measuring 396 square feet and 10 feet tall which will be approximately 28 feet southwest of the false tree.

The work will also include a trench three feet wide for approximately 213 linear feet which will accommodate cable and electricity.

Via Maria Elena, which is a private road, will provide construction and maintenance vehicle access to the site.